IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION No.11054 of 2009 Between: Nimmala Sakkubai, Ranigari Thota, Krishna Lanka, Vijayawada. ..... PETITIONER AND 1 The Station House Officer, Anti Gunda Squad (A.G.S.) Police Station, Vijayawada, Krishna District. 2 The Commissioner of Police, Vijayawada, Krishna District. .....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 "Telegram" dated 03/06/2009 sent by the Petitioners 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 Petitioner namely Nimmala Siva Kumar, aged 28 years, before this Hon'ble Court, who is illegally detained since 01/06/2009 by the police of Anti Gunda Squad (A.G.S.) Police Station and 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 Respondent No.: THE ADVOCATE GENERAL THE HON'BLE MR. JUSTICE D.S.R.VARMA AND THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION No.11054 of 2009 ORAL JUDGMENT: (per THE HON’BLE SRI JUSTICE D.S.R.VARMA) This is a taken up writ petition basing on telegram dated 03.06.2009 sent by the petitioner seeking to issue a Writ of Habeas Corpus directing the respondents to produce her son viz. Nimmala Siva Kumar, who has been illegally detained since 01.06.2009 by the police of Anti Goonda Squad, apprehending danger to his life. 2. The Station House Officer, Anti Goonda Squad Police Station, Vijayawada, filed his affidavit, inter alia, stating that the alleged detenu was summoned to the first respondent’s office to ascertain the whereabouts of his brother viz. Nimmala Gopinathi @ Gopi, against whom a history sheet has been opened on 24.06.2000 vide H.S.No.216/2000 and being maintained by the Krishna Lanka Police, Vijayawada, suspecting his involvement in Cr.No.403 of 2009. It is further stated that the alleged detenu categorically denied to state the whereabouts of his brother and consequently, after enquiry, he left the first respondent’s office on 03.06.2009. 3. The first respondent police denied the averment that the alleged detenu was illegally detained and stated that he is moving freely by attending to his day-to-day work and also produced him before the Tahsildar & Executive Magistrate, Vijayawada, who recorded his statement on 16.06.2009. The said statement is made as part of the record. 4. In view of the said fact, the allegation that the alleged detenu is in the illegal custody of the police is not correct. 5. The writ petition is accordingly dismissed. No order as to costs. ________________________ JUSTICE D.S.R.VARMA ___________________________ JUSTICE R.KANTHA RAO 22nd June, 2009 USD