IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY AND THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 23955 of 2008 Between: Smt. Goddeti Vanajamma, W/o. G. Raju, R/o. Bitragunta Village, Bogolu Mandal, Sri Potti Sreeramulu, Nellore District. ..... PETITIONER AND 1 The Station House Officer, Bitragunta Police Station, Potti Sreeramulu, Nellore District. 2 The Superintendent of Police, Potti Sreeramulu, Nellore District. 3 The Station House Officer, Town Police Station, Cuddapah, Cuddapah District. 4 The Superintendent of Police, Cuddapah District. 5 The Station House Officer, I Town Police Station, Kavali, Nellore District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that for the reasons stated in the "Fax Message" dated 25-10-2008 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 Goddeti Raju and her son-in-law namely Chitti Babu, before this Hon'ble Court, who are illegally detained on 23- 10-2008, midnight by Police Constable and some other persons who entered in to Petitioner's house forcibly and taken away Petitioner's husband and son-in-law by beating and abusing them in filthy language to the Kadapa Town Police Station and on 24-10-2008 they have shifted the detenus to Kavali Town Police Station, the police people also tried to take away Mr. Anil Kumar, Petitioner's son, but he escaped and ran away from their clutches; and she is 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:FAX MESSAGE Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.23955 of 2008 ORDER: (Per the Hon’ble Sri Justice A.Gopal Reddy) This is a taken up writ petition on the basis of a fax message dated 25.10.2008 sent by the petitioner to the Hon’ble Chief Justice alleging that her husband, namely, Goddeti Raju and her son-in-law, namely, Chitti Babu are taken away by the respondents. The Sub-Inspector of Police, Kavali I-Town Police Station, Nellore, the 5th respondent, filed an affidavit stating that the 5th respondent police brought the alleged detenus to the Police station on 23.10.2008 only to ascertain the whereabouts of the son of the alleged detenu No.1, against whom N.B.Ws. are pending in C.C.Nos.358 and 347 of 2005 on the file of the learned Additional Judicial First Class Magistrate, Kavali. The alleged detenus were examined on the said date and during the course of examination, they have categorically stated that the whereabouts of the accused in the above Calender Cases are not known to them. After examination of the alleged detenus on 23.10.2008, they were sent on the same day and the petitioner, without verifying the real facts, simply sent the fax message to this Court. It is further stated that since the alleged detenus are not in illegal custody of the respondent police and they are moving freely by attending to their day-to-day work, the 5th respondent police produced them before the Tahsildar, Bogula Mangal, S.P.S.R. Nellore District on 15.11.2008, within whose jurisdiction they have been residing, to record their detailed statements, and the said Tahsildar recorded their statements in the presence of the witnesses. The statements of the alleged detenus recorded by the said Tahsildar, which are filed along with the affidavit of the 5th respondent, clearly go to show that they were not illegally detained by the police, but were only called to the police station to know the whereabouts of the son of the alleged detenu No.1 against whom N.B.Ws are pending in C.C.Nos.358 and 347 of 2005. For the aforementioned reasons, the cause in the writ petition does not survive. The writ petition is, accordingly, dismissed. _________________ A.GOPAL REDDY,J ________________ R.KANTHA RAO,J 20.11.2008 v v