WP/27531/2008 of Babulal Prajapathi, S/o. Sri Mugnaramji, Vs The Station House Officer, Vanasthalipuram, 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 EIGHT

PRESENT

THE HON'BLE MR JUSTICE A.GOPAL REDDYand

THE HON'BLE MR JUSTICE G.V. SEETHAPATHY

WRIT PETITION NO : 27531 of 2008

Between:

Babulal Prajapathi, S/o. Sri Mugnaramji, R/o. Naveennagar, Yousufguda, Hyderabad.

..... PETITIONER

AND

1 The Station House Officer, Vanasthalipuram, Hyderabad.

2 The Commissioner of Police, Basheerbagh, A.P., Hyderabad.

.....RESPONDENT(S)

Petition under Article 226 of the Constitution of India prayingthat for the reasons stated in the "Telegram" dated 09-12-2008 sent by the Petitioner herein, this Hon'ble Court may bepleased to issue an Order, direction, or a Writ, more particularly one inthe nature of Writ of Habeas Corpus directing the Respondents hereinto produce the Petitioner's clerk, namely Parasuram, S/o. Gavarramji,before this Hon'ble Court, who was illegally detained since 04-12-2008 by the police i.e. Circle Inspector, namely Madhumohan Reddyalong with S.I. Lakshman Naik demanding the Petitioner to surrender30 grams of Gold and threatening to implicate false cases upon thePetitioner of not surrender the gold and to pass such other or furtherorders as this Hon'ble Court may deem fit and proper in thecircumstances of the 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 on the basis of telegram dated 09-12-2008 sent by the petitioner to the Hon’ble the Chief Justice allegingthat his clerk namely Parasuram, son of Gavarramji has been illegallydetained by the police since 04-12-2008 and demanding the petitioner to surrender 30 grams ofgold by asserting threats that he will be implicated in false case.

On issuing notice, the Inspector of Police, VanasthalipuramPolice Station, the 1[st] respondent herein filed an affidavit stating thathe visited the house of the alleged detenue and brought him to thepolice station for enquiry in connection with Crime No. 136 of 2008and after he was examined with regard to the stolen property in theabove crime, he was let off on the same day and that he is movingfreely. On receipt of the information of filing of the above writ petition,the police produced the alleged detenue before the Mandal ExecutiveMagistrate, Hayathnagar Mandal, Ranga Reddy District who recordedthe statement of the alleged detenue, wherein he has stated that hewas taken to the police station for enquiry and was released in theevening at about 4.30 PM and since then he is moving freely.

In view of the above statement made by the alleged detenuebefore the Mandal Executive Magistrate that he is moving freely, nofurther cause survives for adjudication in the writ petition. The writpetition is accordingly dismissed.

A.GOPAL REDDY, J

G.V.SEETHAPATHY, J

ks