Telangana High Court
WP/27967/2008 of Smt. K.Andalu, Vs The State of A.P., on 30 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 27967 of 2008 Between: Smt. K.Andalu, W/o. Late
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENTTHE HON'BLE MR JUSTICE A.GOPAL REDDYand THE HON'BLE MR JUSTICE P.S.NARAYANA
WRIT PETITION NO : 27967 of 2008
Between:
Smt. K.Andalu, W/o. Late Bikshapathi,
R/o. Plot No.123, MLR Colony, Balanagar X Roads, Meerpet (V), Saroornagar (M), Ranga Reddy District.
..... PETITIONER
AND
1 The State of A.P., Rep by the Director General of Police, Hyderabad. Hyderabad.
2 The Station House Officer, L.B.Nagar Police Station, Cyberabad, Hyderabad At L.B.Nagar.
3 The Station House Officer, Isannapet Police Station, Police Station, Guntur City, Guntur District. Guntur City, Guntur District.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to issue a writ order or direction more particularly one inthe nature of Writ of habeas corpus directing the respondents to producethe detenue Mr.K.Anil Kumar S/o. Late K.Bikshapathi aged about 25years, Occ: Private Service, R/o. Plot No.123, MLR Town Ship , BalapurX roads, Meerpet(V), Saroornagar (M), R.R.District either before thisHon'ble Court or before the respective court of law and to pass Counsel for the Petitioner: MR.S.TULASI DAS
Counsel for the Respondents: THE ADVOCATE GENERAL
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ORDER:
This writ petition is filed for issuance of Writ of Habeas Corpusdirecting the respondents to produce the alleged detenu, namely, K. AnilKumar, who is the son of the petitioner, alleging that he has been takeninto custody by the L.B. Nagar Police on 19.12.2008 when he was foundlying on the road in a drunken condition along with the Hero HondaVehicle, and since then he has been illegally detained by the police.
In response to the notice, the Inspector of Police, L.B.Nagar PoliceStation, the second respondent herein, filed counter affidavit stating thatthe alleged detenu has been apprehended by the police on 22.12.2008and he has been produced before the Judicial Magistrate of First Class,Tiruvuru on 23.12.2008. Pursuant to the remand order passed by thelearned Magistrate, the alleged detenu was lodged in Sub-Jail, Tiruvuru.
Since the alleged detenu was remanded to judicial custody undera lawful order, we do not see any merit in the allegations made by thepetitioner that his son was illegally detained by the police.
Accordingly, the Writ Petition is dismissed at the admission stage.
_____________________
(A.GOPAL REDDY, J.)
30[th] December 2008Js.Js.
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(P.S. NARAYANA, J.)