Point of Law: When questioned the flat owner as to how the petitioner’s brother and sister-in-law were inducted into the flat as tenants, she stated that the husband of Geetha came in police uniform and stated that he is S.I. of Police and his wife is pregnant, he needs a house. She has seen the name of petitioner’s brother as ‘Pavan Reddy, S.I. of Police’ on his badge. Brother of the petitioner/Mamidi Tirupathi Rao stated that they have stayed at his father-in-law’s house earlier, now they wanted to shift. Thereafter they occupied the house and along with them two more persons used to stay and informed to her that he is his brother. Even the watchman confirmed the same that S.I. of Police, husband of Geetha, and three other persons came to the apartment on three motor cycles, while taking flat no. 202 for rent

ORDER :

C. PRAVEEN KUMAR, J.

1. After escaping from the clutches of the Police on 08.11.2020, the Petitioner claims to have gone to her native place at Visakhapatnam and filed the present Writ Petition in the month of January 2021 seeking issuance of Writ of Habeas Corpus directing the respondent authorities to produce the three detainees, namely, (1) Smt. Mamidi Parvathi, W/o. M. Pydithalli, (2) Smt. Mamidi Geetha, W/o. M. Tirupathi Rao, and newly born three months old male child of Mamidi Geetha before this Hon’ble court.

2. It would be very much necessary to narrate the facts in detail as averred in the affidavit, filed in support of the Writ Petition so as to decide the case on hand.

i. The brother of Writ Petitioner, by name, Mamidi Thirupathi Rao, made a representation on 01.10.2018 from Central Prison, Visakhapatnam, as a remand prisoner, to the District Judge, Visakhapatnam, stating that the police of Central Crime Station, Visakhapatnam, are threatening him with dire consequences, and that they will eliminate him like Sri Gorle Pydi Raju in lock-up, as he is a habitual offender. He apprehends threat to his life in the hands of the Police, working in Central Crime Station, Visakhapatnam.

ii. After his release from Central Prison, Visakhapatanam, he started living with his wife, by name, Smt. Mamidi Geetha along with his son in an apartment situated in ‘Bommanna Rajukumar Apartment’, Rajamahandevaram, East Godavari District. On 26.10.2020, the mother of the Petitioner, by name, Smt. Mamidi Parvathi, came to know from the neighbouring flat owners, that the Petitioner, Smt. Mamidi Geetha and her minor son are detained in the said Flat since 25.10.2020, by the Police of Prakash Nagar Police (Respondent No.4) and Rajeev Nagar Police Station (Respondent No.5), at the instance of the Superintendent of Police, Rajamahendravaram, East Godavari District (Respondent No.3).

iii. While in illegal detention, the Petitioner (sister-in-law of M.Geetha) came to know the names of the Police personnel during their conversation among themselves. It is also averred that on 25.10.2020 at about 8.00 a.m., about 30 Police personnel came down to their flat and stayed there till 10.00 a.m. During the said period, the Police are alleged to have taken gold chain and two gold finger rings from Smt. Mamidi Geetha, gold chain and gold bracelet from the minor son, apart from cash of Rs.10,000/-. It is further alleged that the Police personnel scattered all the household articles. Apprehending that some more gold articles must have been kept in the almirah, they broke upon the lock, but no articles were found in the safe. According to her, the Police took away the Scooty bearing registration No. AP 39 EB 9882 belonging to Smt. Mamidi Geetha.

iv. The averments in the affidavit further show that on 25.10.2020 at about 10.00 a.m., the Police took the Petitioner to Prakash Nagar Police Station, Rajamahendravaram, without being assisted or accompanied by a lady police constable, and was detailed there till 9.30 p.m. on that day. She was subjected to interrogation to find out the whereabouts of her brother, namely, Mamidi Thirupathi Rao. Later on, she was dropped at her Flat by a lady constable in her vehicle.

v. On 26.10.2020, the mother of the Petitioner, after sending WhatsApp message to the Superintendent of Police, Rajamahendravaram, made a representation to the District Collector and others informing about the illegal detention of the detainees. There inaction made her to come down to Rajamahendravaram to know about the position of the detainees. On arrival, she was also detained along with others in the said Flat. However, as stated earlier, on 08.11.2020, the Petitioner claims to have escaped from the clutches of the Police and went to Visakhapatnam.

vi. On 09.1.2021, she made a representation to the Registrar, Lokayukta, informing him about the detention of herself, her mother and sister-in-law and the minor child. While the representation dated 09.01.2021