Telangana High Court

WP/26105/2006 of A. B. Subba Rao Vs The Station House Officer, on 26 December 2006

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COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE MR. JUSTICE D.S.R.VARMA AND THE HON’BLE MR. JUSTICE P.SWAROOP REDDY TUESDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND SIX TAKEN UP WRIT PETITION NO.26105 OF 2006 Between: A.B. Subba Rao Petitioner AND The Station

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IN THE HIGH COURT OF JUDICATURE OFANDHRA PRADESHAT HYDERABAD

THE HON’BLE MR. JUSTICE D.S.R.VARMAAND

THE HON’BLE MR. JUSTICE P.SWAROOP REDDY

TUESDAY, THE TWENTY SIXTH DAY OF DECEMBERTWO THOUSAND AND SIX

TAKEN UP WRIT PETITION NO.26105 OF 2006

Between:

A.B. Subba Rao

Petitioner

AND

The Station House Officer,Mandapeta Police Station,East Godavari District and others Respondents THE HON’BLE MR. JUSTICE D.S.R.VARMAAND

THE HON’BLE MR. JUSTICE P.SWAROOP REDDY

TUESDAY, THE TWENTY SIXTH DAY OF DECEMBERTWO THOUSAND AND SIX

TAKEN UP WRIT PETITION NO.26105 OF 2006

ORALORDER:(per the Hon’ble Mr. Justice D.S.R.Varma)

Heard the learned Government Pleader for Home,representing the learned Advocate, appearing for therespondents.

2. This writ petition is taken up on the basis of atelegram, dated 12.12.2006, by the petitioner – A.B.SubbaRao, Rajahmundry, to the Hon’ble the Chief Justice, HighCourt of Andhra Pradesh, Hyderabad, alleging that aperson by name Y.Ganesh, was illegally taken away byone A.Prasad, Circle Inspector of Police, MandapetaPolice Station, East Godavari District, and he apprehendsdanger to his life.

3. The relationship of the petitioner with the person,who is alleged to have been taken away, is not known.

4. In response to the notice, issued by this Court,the Inspector of Police, Mandapeta Circle, filed a counter-affidavit stating, inter alia, that the alleged detenue is anaccused in Crime No.121 of 2006 of Mandapeta PoliceStation, registered for the offence punishable underSection 379 I.P.C; that for the same kind of offence, thealleged detenue is also an accused in Crime No.162 of2006 of Alamuru Police Station; that the alleged detenuewas arrested in Crime No.121 of 2006 on 10.10.2006 andwas enlarged on bail on 16.10.2006 and that again hewas arrested in Crime No.162 of 2006 on 24.11.2006 andsubsequently enlarged on conditional bail on 28.11.2006with a direction to report at the Police Station, on everySunday and the accused – alleged detenue is faithfully complying with the condition.

5. Having regard to the revelations in the counter-affidavit, we do not see any reason to continue the writpetition any longer.

6. For the foregoing, the writ petition is liable to beclosed and accordingly the same is closed, at the stage ofadmission. However, there shall be no order as to costs.

---------------------D.S.R. Varma, J.

December 26, 2006MAS.

--------------------------P.Swaroop Reddy, J.

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