Telangana High Court
WP/24952/2006 of Girish Ippatwar Vs The Superintendent of Police, on 26 December 2006
SRI JUSTICLE J. CHELAMESWAR AND THE HONOURABLE SRI JUSTICE D. APPA RAO W.P. NO.24952 of 2006 Dated: 26-12-2006 Between:- Girish Ippatwar … PETITIONER. And The Superintendent of Police, Nizamabad, Nizamabad District and others. … RESPONDENTS THE HONOURABLE SRI JUSTICLE J.
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THE HONOURABLE SRI JUSTICLE J. CHELAMESWARAND
THE HONOURABLE SRI JUSTICE D. APPA RAO
W.P. NO.24952 of 2006
Dated: 26-12-2006
Between:-Girish Ippatwar …
PETITIONER.
And
The Superintendent of Police, Nizamabad, Nizamabad District and others.
RESPONDENTS
…
THE HONOURABLE SRI JUSTICLE J. CHELAMESWARANDTHE HONOURABLE SRI JUSTICE D. APPA RAO
W.P. NO. 24952 of 2006
O R D E R(per Hon’ble Sri Justice D. Appa Rao)
The petitioner, son of detenu Naganath Ippatwar, filed thispetition by way of a writ of Habeas Corpus for production of his fatherNaganath Ippatwar.
2) The case of the petitioner is that Naganath Ippatwar is hisfather. His father was running a country spirits shop at Sugoan villageof Degloor, Nanded District under a valid licence from the Governmentof Maharastra. While so on 9.11.2006 at about 10.00 A.M. the 2[nd] and3[rd] respondents along with police constables came and took himaway. When he went to the police station, one of the constables gavean entry in the case diary revealing that the 2[nd] and 3[rd] respondentsalong with police constables took his father for enquiry in a case. On10.11.2006 at 1.30 P.M. his father telephoned him and told him that thepolice of Central Crime Station, Nizamabad demanding an amount ofRs.75,000/- for his release. Though, his father asked him to arrangethe said amount he was unable to arrange the ame. His efforts to gethis father released became futile. Since his father was in unlawfuldetention he sought a writ a Habeas Corpus for production of hisfather.
3) The 2[nd] respondent the Inspector of Police filed counter interalia stating that on 6.6.2006 one Tirumala Venkata Narasimha Chari, Goutham Nagar, Nizamabad lodged a complaint alleging that someunknown offenders entered into his brother’s house, beat his brotherand sister-in-law and committed robbery of gold ornaments, cash andclothes and fled away. Basing on the same a case in Crime No.129 of2006 under Section 397 IPC was registered. Investigation, disclosedthat one Sugand Rao Bosle along with detenu and others havecommitted the offence. Accordingly on 3.12.2006 the police arrestedthe detenu. On interrogation, he voluntarily confessed that he hasreceived 75 tolas of gold and silver ornaments. He was also involvedin similar crimes. The detenu was arrayed as A-10 in the said crime. He was produced before the learned Judicial Magistrate of First Class,Nizamabad on 4.12.2006, who in turn, remanded him to juidicialcustody.
4) Since the detenu was detained in the judicial custody and thesaid fact was not in dispute, nothing survives in this writ petition. Accordingly, the Writ Petition is dismissed. No costs.
__________________CHELAMESWAR,J
J.
_______________RAO,J26[th] December 2006.BCS
D. APPA