IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY AND THE HON'BLE MR JUSTICE B.CHANDRA KUMAR WRIT PETITION NO : 4175 of 2009 Between: Dorishetty Bhagya, W/o. Mallesh, Ganesh Rice Mill, Kyathanpalli, Ramakrishnapur, Mandamarry (Mandal), Adilabad District. ..... PETITIONER AND 1 The Station House Officer, Ramakrishnapur Police Station, Adilabad District. 2 The Superintendent of Police, Adilabad. .....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 "Fax Message" dated 20-02-2009 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 husband of the Petitioner herein namely Dorishetty Mallesh, S/o. Lingaiah, 35 years, Caste-Perka, Rice Mill Owner, resident of Kyathanpally Revenue Mandal - Mandamarry of Adilabad District, before this Hon'ble Court, who is illegally detainled on 17-02-2009 at 10.30 P.M. by the police, 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: FAX MESSAGE Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE B.CHANDRA KUMAR W.P.NO.4175 OF 2009 JUDGMENT: (PER AGRJ) This is a taken up writ petition basing on the Fax Message dated 20.02.2009 sent by the petitioner by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking to issue an order or direction, more particularly one in the nature of Writ of Habeas Corpus, directing the respondents to produce the husband of the petitioner viz., Dorishetty Mallesh, S/o Lingaiah, Aged 35 years, Perka, Rice Mill Owner, R/o Kyathanpally Revenue Mandal, Mandamarry of Adilabad District, before this Court, who was illegally detained by the police on 17.2.2009 at 10.30 PM and apprehending danger to his life, and set him at liberty forthwith. In response to the notice, 1st respondent – Station House Officer, Ramakrishnapur Police Station, Adilabad District filed counter-affidavit denying the illegal detention of the detenu on 17.2.2009. It is stated in the affidavit that the 1st respondent visited the house of the detenu and enquired about the theft committed in connection with Crime No.20 of 2009 of Ramakrishnapur Police Station and verified the antecedents and also verified whether he has seen any suspects in the above crime. The reason in approaching the alleged detenu for enquiry is that suspect sheet No.13 of 2008 is being maintained by the 1st respondent against the alleged detenu. As against him, Cr.No.34 of 2007 for the offences punishable under Sections 379 and 411 of IPC of Tiryan Police Station is pending investigation. The statement of the alleged detenu recorded by the Tahsildar, Mandamarri Mandal, Adilabad District, which is filed along with the counter affidavit, discloses that on 17.2.2009 at about 4.00 PM SI Ramakrishnapur along with his staff visited the rice mill and enquired with regard to the theft committed on 16.2.2009 at 10.15 PM at Ponnala Vinay Service Station, Kathanpalli. The detenu stated that he has not seen any of the persons on the previous day and then the police left the place without giving any message. Thereafter, the alleged detenue left for Karimnagar without giving any information in his house. He returned on 19.2.2009 evening to the house and that he was not illegally detained by the respondents. Taking into consideration the statement of the alleged detenu that he is moving freely and not detained by the police, no cause survives in this writ petition. Accordingly, the writ petition is dismissed. No costs. ____________________ A.GOPAL REDDY,J Dated: 17.03.2009 ________________________ B.CHANDRA KUMAR,J kvrm HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE B.CHANDRA KUMAR W.P.NO.4175 OF 2009 DATED: 17.03.2009