WP/23642/2004 of Pola Nagamalli, Vs The Government of Andhra Pradesh, on 27 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE BILAL NAZKI

and THE HON'BLE MR JUSTICE S.ANANDA REDDY

WRIT PETITION NO : 23642 of 2004

Between:

Pola Nagamalli, W/o. Chandra, Hindu,R/O. Stuartpuram, Bapatla Mandal, Guntur District.

AND

..... PETITIONER

1 The Government of Andhra Pradesh, Rep. by its Secretary,Home Department, Secretariat, Hyderabad. 2 The Superintendent of Police, Ongole, Prakasam Distrit.

3 The Sub Inspector of Police, Chirala I town PS, Chirala Mandal, Prakasam District. 4 The Inspector of Police, Thirumangalam Police Station, Chennai, Tamil Nadu.

...RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue an order or direction more particularly one in the nature of Writ of HabeasCorpus directing the respondents herein to produce the detenue by name PolaChandra S/o. Pola Eswara Rao Erukula by Caste, aged 28 Years, R/o. Stuartpuramvillage, Baptala Mandal, Guntur District.

Counsel for the Petitioner: MR.GANDURI NAGESWARA RAO

Counsel for the Respondents: THE ADVOCATE GENERAL

The Court at the admission stage made the following :

Order: (per Sri BN.J)

Basing on the allegations levelled in the affidavit that the detenu had been arrestedby the police of Prakasam District, a counter affidavit has been filed in which it hasbeen stated that the State Police had not arrested the detenu. But on enquiries, theyhave come to know that the Tamilnadu Police have arrested him within the limits ofTamilnadu State. As such, no orders are necessary to be passed in this writ petition.The writ petition is accordingly dismissed.

(BILAL NAZKI,J)

Dated 27..12..2004

(S.ANANDA REDDY,J)

To

1 The Secretary,

Home Department, Government of Andhra Pradesh, Secretariat, Hyderabad.

2 The Superintendent of Police, Ongole, Prakasam Distrit.

3 The Sub Inspector of Police, Chirala I town PS, Chirala Mandal, Prakasam District.

4 The Inspector of Police, Thirumangalam Police Station, Chennai, Tamil Nadu. Chennai, Tamil Nadu.

5 2 ccs to the Advocate General, High Court of A.P. Hyderabad (OUT)

6 2 CD copies