IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE 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.11812 of 2008 Between: P. Satish Baba, S/o. Babu Rao, R/o.C.B. Road, Near Zilla Prishad, Srikakulam. ..... PETITIONER AND 1 The Station House Officer, I Town Police Station, Srikakulam. 2 The Superintendent of Police, Srikakulam District at Srikakulam. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 03-06-2008 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 Petitioner's father, mother and brother by names Patnayakini Babu Rao, Patnayakini Mani, and Patnayakini Venkata Satya Madhu Sudhana Rao, before this Hon'ble Court, who are illegally detained from 02-06-2008 by the Sub-Inspector of Police, I Town Police Station, Srikakulam, 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 : 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.11812 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard the 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 03-06-2008, sent by one Sri P. Satish Baba, s/o. Babu Rao, resident of C.B. Road, Near Zilla Parishad, Srikakulam, to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, seeking production of his father, mother and brother viz., Patnayakini Babu Rao, Patnayakini Mani and Patnayakini Venkata Satya Madhusudhana Rao, before this Court, who were illegally detained by the Sub-Inspector of Police, I Town Police Station, Srikakulam, 02-06-2008, and that he is apprehending danger to their lives. 3. A counter affidavit has been filed by the Sub-Inspector of Police, representing the first respondent herein, stating inter alia that the alleged detenus were Accused Nos.3, 2 and 1, respectively, in Crime No.89 of 2008 for the offences punishable under Section 498-A of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act, of I Town Police Station, Srikakulam, which was registered on 02-06-2008 basing on a complaint given by the wife of alleged detenu No.3, that subsequently, the said crime was transferred to the Station House Officer, Women Police Station, Srikakulam, for further investigation. During the course of investigation, the alleged detenus were surrendered themselves before the Station House Officer, Women Police Station, Srikakulam, on 04-06-2008, and on such surrender, the police effected their arrest on the same day and produced them before the Additional Judicial First Class Magistrate, Srikakulam, who inturn remanded them to judicial custody. Pursuant to the remand order, dated 04-06-2008, by the learned Magistrate, the alleged detenus were initially lodged at District Jail, Srikakulam, and subsequently enlarged on regular bail by the learned Magistrate, on 05-06-2008. The other allegations regarding illegal detention by the first respondent police and demanding of Rs.20,000/- for their release were also specifically denied. 4. Having regard to the facts stated in the counter affidavit, the question of illegal detention does not arise. 5. For the foregoing, we do not find any merit 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 25-06-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, I Town Police Station, Srikakulam. 2 The Superintendent of Police, Srikakulam District, Srikakulam. 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.11812 of 2008 25-06-2008 (Msr)