HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE M.S.RAMACHANDRA RAO
WRIT PETITION No.32866 OF 2014
DATED: 13.11.2014 Between:
Dogiparthi Venkata Satish … Petitioner And The State of Andhra Pradesh and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE M.S.RAMACHANDRA RAO
WRIT PETITION No.32866 of 2014
ORDER: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta)
This Writ Petition has been filed for issuance of writ of Habeas Corpus for release of three alleged detenus, namely, Mr. Kakamanu Baluchandra, Mr. Matukumalli Vinay Kumar and Mr. N.Suresh, from the illegal detention of the fifth respondent, forthwith.
Counter-affidavit was called for. In the counter- affidavit, the Investigating Officer concerned has stated in paragraph 5 as follows:
“….during the course of further investigation, it came to light that A.1 through one Rajani’s Bank account, who is a resident of Guntur, got transferred an amount of Rs.3.00 lakh to the account of Complainant’s brother namely Venkateswara Reddy on 06.07.2013 and thereafter A.1 did not return any amount to the Complainant. The Investigating Officer was trying to locate the said Rajani, but in vain. Her brother Suresh was available to the Police and a notice was served asking him and his sister Rajani or any other person who knows about the transaction to appear before the Investigating Officer on 31.10.2014. Accordingly, the said Suresh (alleged detenu No.3) along with K.Baluchandra @ Balasubramanyam @ Subramanyam (alleged detenu No.1) and M.Vinay Kumar (alleged detenu No.2) appeared before the Investigating Officer on 31.10.2014 and when the Investigating Officer questioned about the presence of Rajani, sister of alleged detenu No.3, they informed that the said Rajani is presently at Mumbai for purchase of decoration items for their business and she would return to Guntur shortly. They also stated that they are not aware of the bank transaction of Rajani and they would inform the Police on her return about the said bank transaction. Thereafter, they were let off with a direction to appear before the Police as and when required along with his sister of alleged detenu No.3 for investigation of this case.”
The supporting statement or averment with regard to release of the alleged detenus was not denied specifically. Under this circumstance, we are of the view that the alleged detenus were not even arrested and they were really summoned for the purpose of investigation.
Accordingly, we close this Writ Petition. It will be open for the petitioner that if he is still aggrieved, he can approach appropriate forum, if so advised. No order as to costs.
Consequently, pending miscellaneous petitions, if any, shall stand closed.
13th NOVEMBER, 2014.
K.J. SENGUPTA, CJ M.S.RAMACHANDRA RAO, J kvni