HONOURABLE SRI JUSTICE V.ESWARAIAH AND HONOURABLE SRI JUSTICE V.SURI APPA RAO WRIT PETITION No.6735 OF 2011 ORDER:(per Hon’ble Sri Justice V.Eswaraiah) Petitioner Nos.1 and 2 are the parents of Sri C.Satyanarayana and Sri C.Rajeshwar and petitioner No.3 is the wife of Sri C.Srinivas. This Writ Petition is filed seeking a Writ of Habeas Corpus to produce Sri C.Satyanarayana, Sri C.Srinivas and Sri C.Rajeshwar, the alleged detenus 1, 2 and 3 respectively, who are in the illegal custody of respondent Nos.2 and 4. The petitioners state that respondent Nos.2 and 4 forcibly entered their house on 05.03.2011, threatened them with dire consequences and took away the property documents, cheque books, cash amounting to Rs.50,000/- etc. It is further stated that on 07.03.2011, respondent Nos.2 and 4 again visited their house, enquired about Sri C.Eswar, the alleged detenu Nos.2 and 3 and took away Sri C.Satyanarayana, alleged detenu No.1. The petitioners’ grievance is that though a complaint was lodged with the police, no action was taken thereon. Hence the Writ Petition. A counter affidavit is filed by the Inspector of Police, White Collar Offences, Team.II, Central Crime Station, Hyderabad stating that the alleged detenu Nos.1 and 3 were taken into custody on 11.03.2011 in connection with Crime No.118 of 2010, registered for the offences under Sections 406, 420 read with 120B IPC and Sections 3 and 5 of the A.P. Protection of Depositors of Financial Establishments Act, 1999, and produced on 12.03.2011 before VI Additional Chief Metropolitan Magistrate, Hyderabad, who remanded to judicial custody and were lodged at Central Prison, Chenchalguda, Hyderabad. It is further stated that, in so far as the alleged detenu No.2 is concerned, who is A.2 in the above crime, the police are making efforts to apprehend him. It is further stated that on a complaint lodged by one N.Naveen Kumar with the Saifabad Police Station on 10.04.2010 that the Managing Director of Sri Sri Marketing Private Limited @ S.S. Marketing Private Limited situated at 5th floor, Babukhan Estate, Basheerbagh, Hyderabad, namely Sri Premji Chavan Eswar, S/o Chavan Pandurangam, having advertised that on an investment of Rs.1.00 lakh, Rs.1,000/- was promised to be paid on each working day, i.e. 1% interest on the invested amount for 300 days, which shall be credited into the bank of the investor, got huge amounts invested by the public, that the said Company later introduced a new scheme that they would pay 30% on the investors investment and that having found that the Managing Director was absconding, a complaint was lodged which was registered as Crime No.223 of 2010 by the Saifabad Police Station and later it was transferred to the Central Crime Station, Hyderabad and renumbered as Crime No.118 of 2010. It is further stated that, during the course of investigation, it came to light that Sri C.Eswar, the Managing Director of the said Company, the alleged detenu No.2, the Director of the Company and the alleged detenu Nos.1 and 3, having involved in day-to-day transactions of the said Company, collected huge amount to a tune of Rs.8.00 Crores and misappropriated the same. It is stated that the alleged detenu Nos.1 and 3 i.e. Sri C.Satyanarayana and Sri C.Rajeshwar, who are accused Nos.3 and 4 in the above crime, are traced out and produced before the concerned Magistrate and Sri C.Eswar, the Managing Director, and the alleged detenu No.2 i.e. accused No.2 are still absconding. The petitioners have not chosen to file reply to the counter affidavit. Since, during the course of investigation, it was revealed that the alleged detenu Nos.1 and 3 viz. Sri C.Satyanarayana and Sri C.Rajeshwar, were arrested and produced before the concerned Magistrate and the police are still continuing the search operations to apprehend the alleged detenu No.2, it cannot be said that the alleged detenus are in the illegal custody of the respondents. Therefore, we do not find any merit in the Writ Petition and is, accordingly, dismissed. No order as to costs. V.ESWARAIAH,J V.SURI APPA RAO,J Date:23.03.2011 usd