IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE D.S.R.VARMA AND HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.21269 of 2009 Between: 1. Challa Nageshwar Rao. 2. Shaik Ghouse. … Petitioners And 1. The Superintendent of Police, Guntur, Guntur District. 2. The Circle Inspector of Police, Police station Lalapet, Guntur District. 3. The Station House Officer, Police Station Lalapet, guntur District. … Respondents. This Court made the following: HON'BLE SRI JUSTICE D.S.R.VARMA AND HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETIION No.21269 of 2009 ORAL ORDER: - (per the Hon’ble Sri Justice D.S.R.Varma) Heard the learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondents 1 to 3. 2. One Sri Challa Srinu, S/o.Bangari, who is no other than the brother of the 1st petitioner, filed affidavit, in support of the writ petition, seeking a writ of Habeas Corpus directing the respondents to produce the petitioners/alleged detenus viz., Challa Nageshwar Rao, S/o.Anjaneyulu and Shaik Ghouse, S/o.Subhani, before this Court and set them at liberty, forthwith, from the illegal custody of the respondents.. 3. The grievance of the petitioner in this writ petition is that the petitioners/alleged detenus were illegally detained by the 3rd respondent. 4.The 3rd respondent – the Sub-Inspector of Police, Lalapet police station, filed counter-affidavit stating, inter alia, that they did not take the petitioners into custody at all for any purpose and that their enquiries reveal that the alleged detenus were taken into custody on 10.10.2009 by the police of Nagarampalem Crime Police Station in connection with Crime No.28 of 2009, for the offences punishable under Sections 457, 380 and 411 of the Indian Penal Code and they were produced before the Special Mobile Magistrate, Guntur, on 11.10.2009, who remanded them to judicial custody and that the alleged detenus are lodged in District Jail, Guntur. 5. In view of the revelation of the facts by the 3rd respondent in the counter-affidavit, since the petitioners/alleged detenus were remanded to judicial custody, we do not find any reason to interfere in this writ petition and the same is devoid of merits. 6. Accordingly, the writ petition is dismissed, at the stage of admission. There shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE G.CHANDRAIAH 15.10.2009. Lmv