THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.18036 of 2011 ORDER: (Per Hon’ble Sri Justice A.Gopal Reddy) The father of the alleged detenu-Singi Reddy Sampath Kumar Reddy, filed this writ petition for issuance of writ of Habeas Corpus for production of the alleged detenu before this Court and to release him forthwith. According to the petitioner, on 21.06.2011 at 3.00 a.m., when the alleged detenu was sleeping in the house, some unknown persons have taken away him. His enquiries revealed that the alleged detenu was taken into custody by the Police of Janwada Police Station, which is 11 kilometers away from Bidar. On 23.06.2011, he found the alleged detenu in Janwada Police Station. As the custody of the alleged detenu is illegal and no Police Officer shall detain in custody a person more than 24 hours except on an order of Magistrate under Section 167 Cr.P.C, and that the alleged detenu was neither produced before the Magistrate nor released, the petitioner filed this writ petition. A counter-affidavit has been filed by the third respondent stating that no role has been played by the local police in arresting the alleged detenu and that the alleged detenu is required by the Police of Bidar, Karnataka State in connection with the offences of extortion, which were registered against him and therefore, he was taken into custody by the police of Bidar. Admittedly, as on the date of filing of the writ petition or today, the alleged detenu is not in illegal custody within the State of Andhra Pradesh. Therefore, issuance of writ of Habeas Corpus by this Court does not arise. However, as the alleged detenu has been detained by the Police of Janwada, the petitioner either has to move the competent Magistrate under Section 87 Cr.P.C or move Karnataka High Court by filing a writ petition for Habeas Corpus, if he is so advised. The writ petition is accordingly dismissed. _________________ A.GOPAL REDDY, J Date: 13.07.2011 _________________ RAJA ELANGO, J va