IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST 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.16819 of 2008 Between: Anasuyamma, W/o. Nesai Lakshmanna, R/o. Maddilingadalli Village, Holalagunda Mandal, Kurnool District. ..... PETITIONER AND 1 The Sub-Inspector of Police, Holalagunda Police Station, Kurnool District. 2 The Superintendent of Police, Kurnool District at Kurnool. 3 The Govt. of A.P., rep. by its Principal. Secretary, Home Department, Secretariat, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that for the reasons stated in the "Telegram" dated 17- 07-2008 and 29-07-2008 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 Mandamus to call for the records and remarks from the Respondents herein in and connected to kidnapping the sons of the Petitioner herein viz., Gangadhar, aged 19 years and Paramesha, aged 17 years by Nesai Thippanna, Chinna Ranganna, Panduranganna, Narasimha Reddy and Praveen Reddy residents of Maddilingadalli Village, Kurnool District; and this Hon'ble Court may be pleased to pass appropriate orders directing the Respondents herein to probe into the matter, trace out the children of the Petitioner and hand over them to the Petitioner 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: GP FOR HOME 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.16819 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 telegrams, dated 17.07.2008 and 29.07.2008, wherein it is alleged that her sons namely Gangadhar, aged 19 years, and Paramesha, aged 17 years, were kidnapped by one Nesai Thippanna, Chinna Ranganna, Panduranganna, Narasimha Reddy and Praveen Reddy, residents of Maddilingadalli Village, Kurnool District and it is further alleged that her complaint in this regard was refused by the Sub- Inspector of Police, Holalagunda Police Station and that no action was taken, and hence, she prays to do the needful. In response to the notice, issued by this Court, the ﬁrst respondent-the Sub-Inspector of Police, Holalagunda Police Station, Kurnool District, ﬁled a detailed counter-aﬃdavit stating, inter alia, that during the course of investigation it came to light that the alleged detenus were accused Nos.1 and 2 in Crime No.52 of 2008 registered for the oﬀence under Sections 323, 506 read with 34 IPC, which was registered basing on the complaint given by one P.Thippanna, and in this regard, they were arrested and remanded to judicial custody. Subsequently, they were released on bail. After their release, they were said to be absconding due to fear of the complainant in the said crime. It is further stated that the petitioner also sent a telegram, dated 06.08.2008 to the Deputy Superintendent of Police, Adoni, stating that her two sons reached safely but sought protection from one Nesai Thippanna and other as they threatened her sons not to enter into the village. It is to be seen that complaint allegations were also investigated into by the Police to know whether there is any truth in it. In view of the fact that the alleged detenus were not shown to be in the illegal custody of the Police or any other persons, the question of issuing a writ of Habeas Corpus does not arise. However, it is made clear that the Police shall make investigation with regard to the allegations in the telegram, dated 06.08.2008. With the above direction, the writ petition 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 19.08.2008 dr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Sub-Inspector of Police, Holalagunda Police Station, Kurnool District. 2 The Superintendent of Police, Kurnool District at Kurnool. 3 The Govt. of A.P., rep. by its Principal. Secretary, Home Department, Secretariat, Hyderabad. 4 2CCs to Government Pleader for Home, High Court of A.P., Hyderabad. (OUT) 5 2CD copies