HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH AND THE HONOURABLE SRI JUSTICE V.SURI APPA RAO WRIT PETITION NO. 2909 OF 2011 Tuesday, the Fifteenth day of February, Two Thousand and Eleven Between Gaddam Manohar Petitioner AND The Inspector of Police, Kukatpally Police Station, Hyderabad and others Respondents THE COURT MADE THE FOLLOWING: ORDER: (per the Hon’ble Sri Justice V.Eswaraiah) The petitioner, who is uncle of the alleged detenu namely G.Syam Sunder, who is alleged to have been taken into illegal custody on 4.2.2011 by the first respondent herein, filed this writ of habeas corpus seeking to produce him before this court. It is stated that on 5.2.2011 the petitioner received a call from the detenue’s sister about the missing of the alleged detenue from 4.2.2011 at 11.00 p.m. onwards. On receiving the call from the sister of the alleged detenue, they have searched for his whereabouts. While so, on 7.2.2011, the petitioner again received a call from the sister of the alleged detenue at mid-night to the effect that he was illegally detained by the first respondent and his team and alleged that the police have forcibly searched the residence and left after one hour by taking the cheque book. It is stated that though he has met the first respondent on 8.2.2011 and asked about the illegal custody of his nephew, the first respondent stated that they are not going to leave the alleged detenue as he was detained by them in connection with the money transactions. It is stated that the alleged detenue was illegally detained depriving his right guaranteed under Article 22(2) of the Constitution of India as well as Sec. 57 of the Code of Criminal Procedure. A counter is filed by the first respondent stating that the alleged detenue is accused No.1 in Cr. No. 129 of 2011 registered for the offences under Sec. 420 and 120- B IPC of Kukatpally Police Station on 7.2.2011. It is stated that in connection with the said crime, he was taken into custody on 13.2.2011 and produced before the IX Metropolitan Magistrate, Cyberabad, Miyapur at Kukatpally on the same day and he was remanded to judicial custody and pursuant to the remand order, he was lodged at Central Prison, Cherlapaly. It is stated that the other three accused, who are family members of the alleged detenue, are absconding and the police Kukatpally are making efforts to apprehend them. It is further stated that on 7.2.2011 the Correspondent of MNR Medical College, Kukatpally, lodged a complaint with the Kukatpally Police Station alleging that the alleged detenue collected money at MNR Medical College, Bhagyangar, Kukatpally for admission into MBBS Course unauthorisedly with an intention to deceive the parents and students who are aspirants of securing admission in MBBS Course and thus collected huge amounts from many parents and students without the consent of the Management of the college and thus damaged the reputation of the institution. Basing on the said crime, the police registered the crime and in connection with that crime, the alleged detenue was taken into custody and produced before the jurisdictional Magistrate. It is stated that the investigation is still going on. In view of the aforesaid facts, as the alleged detenue is the prime accused in Cr. No. 129 of 2011 of Kukatpally Police Station, he was arrested and produced before the concerned Magistrate, it cannot be said that he was detained illegally by the first respondent police. Consequently, the writ petition fails and is accordingly dismissed. No order as to costs. ___________________ Justice V.Eswaraiah ________________________ Justice V.Suri Appa Rao February 15, 2011 MAS