WP/27665/2008 of Thimmaiah, S/o. Gangulappa, Vs The Station House Officer, Kalakada 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 EIGHTPRESENT

THE HON'BLE MR JUSTICE A.GOPAL REDDYand

THE HON'BLE MR JUSTICE G.V. SEETHAPATHY

WRIT PETITION NO : 27665 of 2008

Between:

Thimmaiah, S/o. Gangulappa, Kota Gudibanda (V) (Post), Kalakada, Chittoor District.

..... PETITIONER

AND

1 The Station House Officer, Kalakada Police Station, Chittoor.

2 The Superintendent of Police, Chittoor District, Chittoor.

.....RESPONDENT(S)

Petition under Article 226 of the Constitution of India prayingthat for the reasons stated in the "Fax Message" dated 17-12-2008sent by the Petitioner herein, this Hon'ble Court may be pleased toissue an Order, direction, or a Writ, more particularly one in the natureof Writ of Habeas Corpus directing the Respondents herein to producethe son of the Petitioner herein viz., Pamula Mallaiah, aged about 45years, before this Hon'ble Court, who was illegally detained on 15-12-2008 by the police of Kalakada Police Station, Chittoor District,apprehending danger to his life and set him at liberty forthwith and topass such other or further orders as this Hon'ble Court may deem fitand proper in the circumstances of the case.

Counsel for the Petitioner: FAX MESSAGE

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 fax message dated17-12-2008 sent by the petitioner to the Hon’ble the Chief Justicealleging that his son namely Pamula Mallaiah has been illegallydetained by the police of Kalakada Police Station, Chittoor District andhe apprehends danger to his life.

In response to notice, the Sub-Inspector of Police, KalakadaPolice Station, the 1[st] respondent herein filed an affidavit along withthe statement of the alleged detenue recorded by the Tahsildar-cum-Mandal Executive Magistrate, Kalakada Mandal on 23-12-2008. Thestatement of the alleged detenue discloses that he was called to theKalakada Police Station on 15-12-2008 in connection with Crime No.81 of 2008 registered for the offences under Sections 498-A and 302IPC and after enquiry he was let off. Instead of going to his house, hemerely went to his son-in-law’s village and stayed there for one dayand on the next day, he went to his village. Meanwhile, the above faxmessage has been sent by his father apprehending that he might haveillegally detained by the police.

The statement of the alleged detenue discloses that he has notbeen illegally detained by the police, as alleged in the fax message. Therefore, no further cause survives for adjudcation in this writ petition.

The writ petition is accordingly dismissed.

A.GOPAL REDDY, J

G.V.SEETHAPATHY, J