IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH 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 WRIT PETITION No.13555 of 2008 Between: Boya Jonda Mallamma, W/o. Boya Joinda Chinna Shaikanna, 7th Ward, B.C. Colony, Holalganda, Alur Taluq, Kurnool District. ..... PETITIONER AND 1 The Station House Officer, Holalgunda Police Station, Kurnool District. 2 The Superintendent of Police, Kurnool District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that for the reasons stated in the "Telegram" dated 21- 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 husband by name Boya Jonda Chinna Shaikanna, who was illegally conﬁned by S.I. Holalgunda Police Station, Kurnool District and threatening him to produce his son by name Nagaraj otherwise threatening him to encounter him by the Sub-Inspector of Police, Holalgunda, 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 HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.13555 of 2008 ORDER: (per THE HON’BLE SRI JUSTICE K.C.BHANU) This writ petition is taken up at the instance of the petitioner’s telegram, dated 21.06.2008, wherein it is alleged that her husband by name Boya Jonda Chinna Shaikanna was illegally conﬁned by the Sub- Inspector of Police, Holagunda Police Station, Kurnool District. In response to the notice, issued by this Court, the ﬁrst respondent-the Sub-Inspector of Police, Holagunda Police Station, Kurnool District, ﬁled counter-aﬃdavit stating, inter alia, that the alleged detenu was called to the Police Station in connection with Crime No.39 of 2008 registered against his son for the oﬀences under Sections 448 and 354 IPC and that after ascertaining the whereabouts of his son, he was let oﬀ. The alleged detenu was not conﬁned illegally by the police personnel of Holagunda Police Station. The statement of the alleged detenu recorded by the Tahsildar and Mandal Executive Magistrate, Holagunda, Kurnool District, is placed before this Court, wherein he stated that he was called to the Police Station in connection with the crime registered against his son and on the same day he was let oﬀ and that he has been moving freely. In view of the fact that the alleged detenu has been moving freely, more particularly, when he was not at all illegally conﬁned by the respondents, the question of issuing a writ of Habeas Corpus does not arise. For the foregoing reasons, the writ petition is liable to be dismissed and is accordingly, is dismissed, at the stage of admission. However, there shall be no order as to costs. _______________ D.S.R.VARMA, J ______________ K.C.BHANU, J 29.07.2008 dr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Holalgunda Police Station, Kurnool District. 2 The Superintendent of Police, Kurnool District. 3 2CCs to Advocate General, High Court of A.P., Hyderabad. 4 2CD copies