WP/27356/2008 of Gunala Kamsamma, W/o. G. Ram Reddy, Vs The Station House Officer, Kulsumpura, Hyderabad. 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 EIGHTPRESENT

THE HON'BLE MR JUSTICE A.GOPAL REDDYand

THE HON'BLE MR JUSTICE G.V. SEETHAPATHY

WRIT PETITION NO : 27356 of 2008

Between:

Gunala Kamsamma, W/o. G. Ram Reddy, R/o. Chilkur Village, Moinabad Mandal, Ranga Reddy District.

..... PETITIONER

AND

1 The Station House Officer, Kulsumpura, Hyderabad.

2 The Commissioner of Police, Hyderabad.

.....RESPONDENT(S)

Petition under Article 226 of the Constitution of India prayingthat for the reasons stated in the "Telegram" dated 12-12-2008 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 son namely G. Narender Redy, S/o. G. Ram Reddy, agedabout 25 years, before this Hon'ble Court, who was arrested by thepolice Kulsumpura on 05-12-2008 and apprehending danger to his lifeand set him at liberty forthwith and to pass such other or further ordersas this Hon'ble Court may deem fit and proper in the circumstances ofthe case.

Counsel for the Petitioner: TELEGRAM

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 basing on telegram dated 12-12-2008 sent by the petitioner to the Hon’ble the Chief Justicecomplaining that her son Sri G. Nagender Reddy was arrested by thepolice, Kulsumpura on 05-12-2008 and she apprehends danger to hislife.

On issuing notice, the Inspector of Police, Kulsumpura PoliceStation, the 1[st] respondent herein filed an affidavit stating that on thecomplaint given by one K. Yadaiah of Katedhan, Ranga ReddyDistrict, a case in Crime No. 218 of 2008 for the offence under Section379 IPC has been registered against the alleged detenue byKulsumpura police on 10-12-2008. In connection with the said crime,the alleged detenue has been arrested and produced before thelearned VI Additional Chief Metropolitan Magistrate, Hyderabad on 13-12-2008, who remanded him to judicial custody. Pursuant to theremand order, the alleged detenue is now lodged in Central Prison,Chenchalguda, Hyderabad.

Since the alleged detenue has not complained about hisprevious detention at the time of his production before the learnedMagistrate and when he is remanded to judicial custody, we do notsee any merit in the contention of the petitioner that her son has beenillegally detained by the police.

The writ petition is accordingly dismissed.

A.GOPAL REDDY, J

G.V.SEETHAPATHY, J