IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF SEPTEMBER 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. 20056 of 2008 Between: Vemu Penchalaiah, S/o. Peda Penchalaiah, R/o. Pyadisompet Dagadharthi Mandal, S.S.P.S., Nellore District. ..... PETITIONER AND 1 The Station House Officer, Bogulu Police Station, S.S.P.S., Nellore District. 2 The Superintendent of Police, Nellore District. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 10-09-2008 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, namely Vemu Surendra Babu, before this Hon'ble Court, who is illegally detained since 04-09-2008 by the police Bogulu, S.S.P.S., Nellore 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 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.20056 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice K.C.Bhanu) Heard learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is taken up at the instance of the petitioner’s telegram, dated 10-09-2008, wherein it is alleged that the son of the petitioner viz., Vemu Surendra Babu was wrongfully detained since 04-09-2008 by the police of Bogulu, S.S.P.S., Nellore District, and that he is apprehending danger to his life and set him at liberty, forthwith. 3. A counter aﬃdavit has been ﬁled by the Sub-Inspector of Police, Bitragunta Police Station, Nellore District, stating that there is no Police Station in existence in the name of Bogolu Police Station in S.S.P.S., Nellore District. It is also stated that when the alleged detenu and others were moving under suspicious circumstances, they were brought by the ﬁrst respondent police to the police station for the purpose of enquiry. But, in the meanwhile, due to law and order problem, when the S.I. of Police went out of the Station, the alleged detenu along with others had escaped from the Police Station. During the course of investigation, it came to light that the petitioner’s son was an accused in Crime No.62 of 2008 for the oﬀence punishable under Section 379 of Indian Penal Code, and the police are making eﬀorts to arrest the alleged detenu. He speciﬁcally denied about the illegal or wrongful detention of the alleged detenu by the Bitragunta Police. 4. In view of the categorical statement made by the ﬁrst respondent, denying the illegal detention of the alleged detenu by the police, the question of issuing Writ of Habeas Corpus does not arise and the present telegram appears to have been issued only in order to pre-empt the police in making further investigation into the matter. 5. For the foregoing, we see no grounds to continue the writ petition any further 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 29-09-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Bogulu Police Station, S.S.P.S., Nellore District. 2 The Superintendent of Police, Nellore District. 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.20056 of 2008 29-09-2008 (Msr)