IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.CHANDRA KUMAR WRIT PETITION NO : 4176 of 2009 Between: Koneti Durga, W/o. Koneti Peddulu, Backside of the Garriage (RTC), Ram Nagar, Chirala, Guntur District. ..... PETITIONER AND 1. The Station House Officer, Old Guntur (Lalpet) Police Station, Guntur. 2. The Superintendent of Police, Guntur. 3. The Circle Inspector of Police, Lalapet Crime Police Station, Guntur. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to For the reasons stated in the "Letter" dated 23-02- 2009 sent by the Petitioner herein, this Hon'ble Court may be pleased to issue an Order, direction, or a Writ, more particularly one in the nature of Writ of Habeas Corpus directing the Respondents herein to produce the husband and the brother of the Petitioner herein namely Koneti Peddulu and the brother of the Petitioner herein namely Kavati Siva Sankar, before this Hon'ble Court, who are illegally detained since dated 21-02- 2009 mid night by the police, apprehending danger to their lives and set them at liberty forthwith and to pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: LETTER Counsel for the Respondent: THE ADVOCATE GENERAL The Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE B.CHANDRA KUMAR W.P.NO.4176 OF 2009 ORDER: (PER AGRJ) This is a taken up writ petition basing on the letter dated 23.02.2009 sent by the petitioner by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking to issue an order or direction more particularly one in the nature of writ of habeas corpus directing the respondents to produce the husband of the petitioner viz. Koneti Peddulu and the brother of the petitioner viz. Kavati Siva Sankar before this Court, who were illegally detained on 21.02.2009 mid night by the police, apprehending danger to their life and set them at liberty forthwith. In response to the notice, 3rd respondent – The Circle Inspector of Police, Central Crime Station, Guntur filed counter affidavit denying the illegal detention of the detenus. It is stated in the affidavit that the alleged detenues are accused in Crime No.118 of 2008 for the offences punishable under Sections 457 and 380 of IPC of Arundalpet Police Station and that the said crime was registered on 14.12.2008 on the complaint given by one Kota Syamala Rao of Guntur and that the accused were arrested on 28.02.2009. On 01.03.2009 the detenus were produced before the V Additional Junior Civil Judge, Guntur. On such production, the learned Magistrate remanded the accused to judicial custody and that the alleged detenus are now lodged at District Jail, Guntur. Since the alleged detenus were produced before the concerned Court and lodged in the District Jail, Guntur and that they have not complained about the illegal detention as stated in the letter and that they remanded to the judicial custody by obtaining lawful order, we do not see any merits in the writ petition. Accordingly, the writ petition is dismissed. No costs. ____________________ A.GOPAL REDDY,J Dated: 17.03.2009 _______________________ B.CHANDRA KUMAR,J kvrm HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE B.CHANDRA KUMAR W.P.NO.4176 OF 2009 DATED: 17.03.2009