IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NOs : 3599 AND 3502 OF 2008 WRIT PETITION NO : 3599 of 2008 Between: Bandi Venkanna, S/o. Veeraiah, R/o. Sharifnagar, Kurnool. ..... PETITIONER AND 1 The Station House Officer, Nujuveedu Police Station, Krishna District. 2 The Station House Officer, II Town Police Station, Bhimavaram, West Godavari District. 3 The Superintendent of Police, Krishna District. 4 The Superintendent of Police, West Godavari District. .....RESPONDENT(S) 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 "Fax Message" dated 18-02-2008 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 wife of the Petitioner namely Bandi Bhagyamma, aged 55 years, son, namely Bandi Narasimhulu, aged 35 years and daughter-in-law, namely Bandi Durga, aged 30 years, before this Hon'ble Court, who were illegally detained on 14- 02-2008 at 04.30 A.M. by the police of Personnel of Nujuveedu Police Station and Bheemavaram II Town Police Station, 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: FAX MESSAGE Counsel for the Respondents: THE ADVOCATE GENERAL WRIT PETITION NO : 3502 of 2008 Between: Mr.Nakka Prasad S/o.Reddy Ganganamma Kodu Centre, Akiveedu Village & Mandal, West Godavari District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Inspector General of Police, Lakdikapool, Hyderabad through Advocate-General, High Court of A.P., Hyderabad. 2 The Superintendent of Police, Krishna District at Machilipatnam. 3 The Station House Officer, Nuziveedu P.S. Krishna District. 4 The Station House Officer, CCS Bhimavaram West Godavari District. 5 The Station House Officer, Palakollu P.S. West Godavari District. 6 The Station House Officer, CCS Rajahmundry, East Godavari District. 7 The Superintendent of Police, East Godavari District at Kakinada. .....RESPONDENT(S) 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 to issue a Writ, order or direction, more particularly one in the nature of Writ of Habeas Corpus, directing the respondents shall produce the detenue Smt.Nakka Paravathi W/o. Nakka Prasad aged about 22 years, House Wife, Ganganamma Kodu Centre, Akiveedu Village and Mandal, West Godavari District in any Court of Law, take her statement and release her freely and pass such other order or orders. Counsel for the Petitioner: MR.K.S.N.MURTHY Counsel for the Respondents: THE ADVOCATE GENERAL The Court at the stage of admission made the following : COMMON ORDER: (per Sri A. Gopal Reddy, J) Writ Petition No. 3599 of 2008 is a taken up one on the basis of fax message dated 18-02-2008 sent by the petitioner to the Hon’ble the Chief Justice alleging that his wife Bandi Bhagyamma, aged 55 years; son Bandi Narsimhulu, aged 35 years and daughter-in-law Bandi Durga, aged 30 years were illegally detained by the police personnel of Nujuveedu Police Station and he apprehends danger to their life. Writ Petition No. 3502 of 2008 is filed by the husband of one Nakka Parvathi alleging that she has been illegally detained by the police and she may be produced before the Court and set at liberty forthwith. In response to the notice in Writ Petition No. 3599 of 2008, Sub-Inspector of Police, II Town Police Station, Bhimavaram filed counter affidavit denying the illegal detention of the detenus as per the fax message and stated that they are freely attending to their day to day work. Therefore, he made a request to the Mandal Executive Magistrate, Akividu within whose jurisdiction the alleged detenus are residing to record their statements. The Mandal Executive Magistrate after conducting enquiry recorded their statements on 4-3-2008, wherein it was stated by detenue No.1 that one week back she, her son and her daughter-in-law visited Mery Matha Church in Vijayawada and they came back to Akividu after staying back for three days in Vijayawada. By the time they returned, her husband went elsewhere and while they are searching for him, they came to know that her husband sent the fax message. The statement which is filed along with the counter affidavit discloses that the alleged detenus are never detained by the police as alleged in the fax message, but the respondent – police suspected the involvement of the alleged detenus along with Nakka Parvathi, the alleged detenue in Writ Petition No. 3502 of 2008 in Crime Nos. 24 and 26 of 2008 and investigation is in progress and their involvement will be known only during the course of investigation. In view of the statement recorded by the Mandal Executive Magistrate that the alleged detenus are not illegally detained from 14- 2-2008 as alleged in the fax message and that they are moving freely, no further adjudication needs to be made in Writ Petition No. 3599 of 2008 and the same is accordingly dismissed. The counsel for petitioner in Writ Petition No. 3502 of 2008 addressed a letter to the petitioner informing him to make alternative arrangement as it is not possible for him to appear in the matter. The petitioner and the alleged detenue are present in the Court and stated that they do not want to proceed with the matter. Writ Petition No. 3502 of 2008 is accordingly dismissed as withdrawn. A.GOPAL REDDY, J B.SESHASAYANA REDDY, J 13-03-2008 ks