B. S. A. SWAMY, J.

( 1 ) IN view of the common question involved in both the petitions, they are heard together and are being disposed of by way of this common order. W. P. No. 21782 of 2002

( 2 ) ONESMT. S. Swathi w/o. Saly Rajasekhar, r/o. Ramachandrapuram Village, Jangareddi Gudem, West Godavari District has complained in her telegram dated 26-10-2002 addressed to the hon ble the Chief Justice of this Court that the police personnel of West Godavari have arrested her husband Saly Rajasekhar on 22-10-2002 at about 10-00 p. m. near J. P. Centre, Jangareddigudem, West Godavari District and illegally detained him. Apprehending danger to his life in a fake encounter by the police, she prayed for issuance of a writ of Habeas Corpus directing the respondents to produce him before this Court and set him at liberty forthwith.

( 3 ) THE said telegram was treated as a petition for writ of Habeas Corpus and notices were issued to the concerned.

( 4 ) PURSUANT to the said notice, one Mr. B. Ramakrishna, S. I. of Police, Jangareddigudem Police Station, West Godavari District (1st respondent), filed a counter stating that the alleged detenu was not arrested by him either on 22-10-2002 or on any

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