IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU TAKEN UP WRIT PETITION No.14456 of 2008 Between: B.Nagalakshmi Guntur. ..... PETITIONER AND 1 The Station House Officer, Pattabipuram Police Station, Guntur District. 2 The Superintendent of Police, Guntur 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 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 of the petitioner namely Battu Veeranjaneyulu, AE (Electrical) Gujjaragundla, Guntur, before this Hon'ble Court, who was illegally detained by the Police of Pattabipuram, Guntur on 30-06-2008 at 02.00 A.M., 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.14456 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice K.C.Bhanu) Heard learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is initiated at the instance of the petitioner’s telegram, dated 02-07-2008, wherein it is alleged that the husband of the petitioner viz., Battu Veeranjaneyulu, A.E. (Electrical), Gujjaragundla, Guntur, was illegally detained by the Police of Pattabipuram, Guntur, on 30-06-2008, and that she is apprehending danger to his life. 3. A counter affidavit has been filed by the Sub-Inspector of Police, Pattabipuram (Law and Order) Police Station, Guntur, representing the first respondent herein, stating that the alleged detenu was an accused in Crime No.115 of 2008 for the offence punishable under Sections 409 and 420 of Indian Penal Code of Pattabipuram Police Station, Guntur, which was registered on 12-06-2008 basing on a complaint given by one K.Raja Bapaiah, Superintending Engineer, Operation Circle, APSPDCL, Gujjanagundla, Guntur. He was arrested on 02-07-2008 in connection with the above said crime and produced before the V Additional Munsif Magistrate, Guntur, on 03-07-2008, who inturn remanded him to judicial custody. By virtue of the said remand order, dated 03-07-2008, of the learned Magistrate, the alleged detenu is now lodged at District Jail, Guntur, and subsequently he was enlarged on bail on 04-07-2008. 4. In view of the fact that the alleged detenu was remanded to the judicial custody by the competent Court in pursuance of the registration of a crime and was not detained illegally by the first respondent police, the question of issuing Writ of Habeas Corpus does not arise. 5. For the foregoing, there are no merits in the writ petition and the same is liable to be dismissed. 6. 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 22-07-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Pattabipuram Police Station, Guntur District. 2 The Superintendent of Police, Guntur District. 3. 2 CCs to the Advocate General, Government of Andhra Pradesh, 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.14456 of 2008 22-07-2008 (Msr)