IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.15480 of 2008 Between: L. Pothanna, S/o. Lakshmaiah, Paipalli Village, Puttaparthi Mandal, Ananthapur District. ..... PETITIONER AND 1 The Station House Officer, Urban Police Station, Puttaparthi, Ananthapur District. 2 The Superintendent of Police, Ananthapur District. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 15-07-2008 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 son of the Petitioner viz., L. Suresh Chowdary, S/o. L. Pothanna, Paipalli Village, Puttaparthi Mandal, Ananthapur District, before this Hon'ble Court, who was illegally detained by the police of Puttaparthi Urban Police Station on 12- 07-2008 at night 9.00 clock, apprehending danger to his life and set him 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 : TELEGRAM Counsel for the Respondents : THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.15480 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is taken up basing on a telegram, dated 15-07-2008, sent by the petitioner to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, seeking production of his son viz., L. Suresh Chowdary, s/o. L.Pothanna, resident of Paipalli village, Puttaparthi Mandal, Anantapur District, who was illegally detained by the police of Puttaparthi Urban Police Station, on 12-07-2008, and set him at liberty. 3. A counter aﬃdavit has been ﬁled by the Inspector of Police, Puttaparthi Urban Police Station, Anantapur District, representing the ﬁrst respondent herein, stating inter alia that the alleged detenu is Accused No.2 in Crime No.25 of 2008 for the oﬀence punishable under Sections 406, 420 of Indian Penal Code of Puttaparthi Urban Police Station, which was registered on 01-06-2008, basing on a complaint given by one Narsapuram Sivaram Babu of Vijayawada. The alleged detenu was arrested on 16-07-2008 in connection with the above said crime, which fact was duly intimated to his brother on the same day itself under acknowledgement. The alleged detenu was produced before the Judicial First Class Magistrate, Penugonda, who inturn remanded him to judicial custody and by virtue of the remand order, dated 16-07-2008, of the learned Magistrate, the alleged detenu was lodged at Sub-Jail, Penugonda. However, he was enlarged on bail by the learned Magistrate on 18-07-2008. It is also stated that when the alleged detenu was produced before the learned Magistrate, he did not make any complaint as regards the alleged harassment or illegal detention by the police with effect from 12-07-2008. 4. In view of the facts stated in the counter aﬃdavit, the question of illegal detention does not arise and the writ petition is liable to be dismissed as having no merits. 5. Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 04-08-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Urban Police Station, Puttaparthi, Ananthapur District. 2 The Superintendent of Police, Ananthapur District. 3 2 C.Cs. to the Government Pleader for Home, High Court Buildings, Hyderabad (OUT). 4 2 CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.15480 of 2008 04-08-2008 (Msr)