Telangana High Court

WP/26686/2005 of Shaik Asiya W/o Malik Ahmed, Vs The Station House Officer, Dachepalli on 26 December 2005

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MRS. JUSTICE T.MEENA KUMARI & THE HON'BLE MR. JUSTICE K .C. BHANU WRIT PETITION NO : 26686 OF 2005 Dated 26-12-2005 Between : Shaik Asiya, wife of Malik Ahmed, resident of Door No.15-9-30, Vinobha Nagar, 7th Lane Old Guntur. PETITIONER. AND : 1. The Station House Officer, Dachepalli

THE HON'BLE MRS. JUSTICE T.MEENA KUMARI

&

THE HON'BLE MR. JUSTICE K .C. BHANU

WRIT PETITION NO : 26686 OF 2005

Between :

Dated 26-12-2005

Shaik Asiya, wife of Malik Ahmed, resident of Door No.15-9-30, Vinobha Nagar, 7[th]Lane Old Guntur.

AND :

PETITIONER.

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1. The Station House Officer, Dachepalli Police Station, Guntur District and another.

RESPONDENTS

ORDER : (Per the Honourable Smt. Justice T.Meena Kumari)

This is a taken up writ petition on the telegram dated 09-12-2005 seeking a directionto the respondents to produce the son of the petitioner viz., Shaik Irfan before thisCourt, who was forcibly taken away by the police Personnel of Dachepalli PoliceStation, Guntur District namely Subhani, Srinu and Arjun on 17-11-2005 while hewas returning home after attending the Tenali Court and was illegally detained sincethen and also to set him at liberty forthwith.

The respondents have filed the counter denying the allegations in the Telegram. It iscontended in the counter that on the complaint given by one Maddi Vijaya Shankar,Managing Director of Sri Viswa Cold Storage, Guntur, a case in Cr. No : 104 of 2005for the offence under section 379 I.P.C. was registered by the C.I. of Police,Dachepalli Police Station, Guntur against the alleged detenu along with otheraccused and during the course of investigation, the alleged detenu and the otheraccused were produced before II Addl. Munsif Magistrate, Gurazala on 13-12-2005and the learned Magistrate remanded them to judicial custody.

It is submitted across the Bar by the learned Advocate General that in view ofregistering the F.I.R. in Crime No:104 of 2005 on the complaint given by one ShaikAsiya against the alleged detenu and others, the question of illegal detention doesnot arise.

In view of the submission made by the learned Advocate General and in viewof the averments made in the counter that a crime was registered against the allegeddetenu and others and they were remanded to judicial custody, We are of the viewthat no further orders are necessary in this writ petition.

In the result, this writ petition is closed. No costs.

_____________________

_____________________

Justice K.C.BHANU

Date : 26-12-2005.

Dvs/Gurc

THE HON'BLE MRS. JUSTICE T.MEENA KUMARI

&THE HON'BLE MR. JUSTICE K .C. BHANU

WRIT PETITION NO : 26686 OF 2005

(Order delivered by the Honourable Smt. Justice T. Meena Kumari)

Dated 26-12-2005

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