K YESUPADAM Vs. S L OF POLICE

JUDGEMENT

(1.) The telegram sent by the petitioner was treated as a Writ Petition for a Writ of Habeas Corpus, since the allegations made therein pertain to the violation of the personal freedom of the petitioner's wife, by the police. The telegram reads as follows:

(2.) The grievance of the petitioner was that his wife was detained by the S.I. of Police,Penamaluru P.S., R-1 herein, wrongfully for two days and that the police also threatened them to vacate the house.

(3.) On 7-4-97 a direction was issued by this Court to cause production of the detenu on 10-4-97. Without producing the detenu, the 1st respondent made an attempt to explain as to why the alleged detenu was not produced. In support of his version he filed a counter-affidavit. However, this Court extended time for production of the detenu till 15-4-97. Thereafter, the 1st respondent filed additional counter-affidavit stating that the detenu was requested to accompany him to Hyderabad, to be produced before the High Court. But when he went to her house on that day at 1 a.m., he found the house locked. In the circumstances, time was further extended for production of the detenu. However, the alleged detenu has appeared before this Court on 22-4-97 and filed an affidavit through her Counsel asserting that she was illegally detained by the 1st respondent from 23-3-97 to 31-3-97. Since it was a serious allegation, the Court thought it fit to expedient to order an enquiry into the alleged detention and appointed the Principal District & Sessions Judge, Krishna at Machilipamam, as Enquiry Officer.