IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.25340 of 2008 Between: Nandangeri Tayamma, W/o. Ranga Reddy, R/o. Door No. 199-11, Ward No. 6, Nandangeri Veedhi Kosigi, Kosigi Mandal, Kurnool District. ..... PETITIONER AND 1 The Station House Officer, Kosigi Police Station, Kosigi, Kurnool District. 2 The Superintendent of Police, Kurnool District at Kurnool. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to for the reasons stated in the "Telegram" dated 15-11-2008 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 son of the Petitioner herein viz., Veeraiah, aged about 25 years, before this Hon'ble Court, who was illegally detained since 4 days by the police of Kosigi Police Station, Kurnool District, 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 Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.25340 of 2008 ORDER: (per the Hon’ble Sri Justice K.C.Bhanu) This is a taken up case on the Telegram, dated 15-11-2008, sent by the petitioner seeking a direction in the nature of Writ of Habeas Corpus directing the respondents to produce her son viz., Veeraiah before this court, who was illegally detained since four days by the police of Kosigi Police Station, Kurnool District, apprehending danger to his life and set him at liberty. Pursuant to the notice, the 1st respondent filed a detailed counter affidavit alleging that the alleged detenu is arrayed as A-7 in Cr.No.118 of 2008 and from the date of registration of the crime, all the accused along with the alleged detenu have been absconding and he is making sincere efforts to apprehend all the accused including the alleged detenu. The said case was registered on 29-10-2008. Further, the petitioner also sent similar telegram, dated 15-11-2008 to the II Additional District and Sessions Judge-cum-Chairman, Mandal Legal Services Committee, Adoni, making the self same allegations, whereupon the Chairman, Mandal Legal Services Committee, Adoni, called for the report from the 1st respondent and also got recorded the statement of the petitioner through the Tahsildar, Kosigi Mandal, wherein she categorically denied to have sent the telegram to this court as well as the Mandal Legal Services Committee, Adoni. In view of the averments made in the counter to the effect that the alleged detenu is not illegally detained, the question of granting Habeas Corpus does not arise. Therefore, we do not find any merit in the writ petition and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. _________________ (V.ESWARAIAH, J) ______________ (K.C.BHANU, J) Dated: 03-12-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MJ}