WP/27627/2008 of Polakommu Ravana, W/o. Venkataswamy, Vs The Station House Officer, Markapur Police Station, on 31 December 2008

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENT

THE HON'BLE MR JUSTICE A.GOPAL REDDYand

THE HON'BLE MR JUSTICE G.V. SEETHAPATHY

WRIT PETITION NO : 27627 of 2008

Between:

Polakommu Ravana, W/o. Venkataswamy, Podili Village and Mandal, Prakasam District.

..... PETITIONER

AND

1 The Station House Officer, Markapur Police Station, Prakasam District. District.

2 The Superintendent of Police, Prakasam District at Ongole.

.....RESPONDENT(S)

Petition under Article 226 of the Constitution of India prayingthat for the reasons stated in the "Petition" dated 05-12-2008 sent bythe Petitioner herein, this Hon'ble Court may be pleased to issue anOrder, direction, or a Writ, more particularly one in the nature of Writ ofHabeas Corpus directing the Respondents herein to produce thePetitioner's Husband viz. Polakommu Venkataswamy S/o.Narayanaswamy before this Hon'ble Court, who was detained by theS.I. of Police Markapur Police Station on 4-12-2008 apprehendingdanger to his life and set him at liberty forthwith and to pass such otheror further orders as this Hon'ble Court may deem fit and proper in thecircumstances of the case.

Counsel for the Petitioner: LETTER

Counsel for the Respondents: THE ADVOCATE GENERAL

The Court made the following :

ORDER: (per Sri A. Gopal Reddy, J)

This is a taken up writ petition on the basis of petition dated 05-12-2008 sent by the petitioner alleging that her husband namelyPolakommu Venkataswamy, son of Nagayanaswamy has beenillegally detained by the Sub-Inspector of Police, Markapuram PoliceStation on 04-12-2008 and she apprehends danger to his life.

In response to notice, the Sub-Inspector of Police, MarkapuramPolice Station, the 1[st] respondent herein filed an affidavit stating that atno point of time, the alleged detenue was illegally detained and hisenquiries further revealed that the alleged detenue is moving freelyattending to his day to day work. Therefore, a formal requisition hasbeen made to the Tahsildar-cum-Mandal Executive Magistrate,Markapur Mandal within whose jurisdiction the alleged detenue hasbeen residing, to record his statement. The statement recorded by theTahsildar which is enclosed along with the affidavit discloses thatthere is a civil dispute between the alleged detenue and one KondaMallikarjuna Reddy who visited the house of the alleged detenue andtook him to the village elders and that he has not been illegallydetained by the police, as alleged in the petition.

The statement of the alleged detenue recorded by the Tahsildarfalsifies the contents of the petition that he has been illegally detainedby the police and, therefore, no credence can be given to the same.

The writ petition is accordingly dismissed.

31-12-2008

ks

A.GOPAL REDDY, J

G.V.SEETHAPATHY, J