IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON’BLE MR JUSTICE G.V.SEETHAPATHY WRIT PETITION NO : 339 of 2009 Between: Smt. Farheen Tabassum W/o. Akulawar Rajeshwar, R/o. Shanthi Nagar, Near Church, Mujahidh Nagar, Nizamabad , Nizamabad District. ..... PETITIONER AND 1 The Superintendent of Police, Nizamabad, Nizamabad District. 2 The Inspector of Police, I Town Police Station, Nizamabad, Nizamabad District. 3 The Inspector of Police, V Town Police Station, Nagaram, Nizamabad, Nizamabad District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an order or direction more particularly one in the nature of writ of Habeas Corpus directing the respondents herein to produce the detenue i.e, petitioner's husband by name Akulawar Rajeshwar @ ajendra S/o. Munnaji aged about 28 years Occ: Private Service, R/o. Shanthi Nagar, Near Church, Mujahidh Nagar, Nizamabad, Nizamabad District who is illegally detained by the Respondents before this Hon'ble Court and record the statement of the detenue and register the criminal Case against the erring respondents who have committed an offence and pass such other order or orders Counsel for the Petitioner:MR.ANDHUGULA RAMESH BABU Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY WRIT PETITION NO.339 OF 2009 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) None appears for the petitioner. Heard the learned Advocate General. By means of filing this writ petition, the petitioner seeks for issuance of a writ of habeas corpus for production of her husband by name Akulawar Rajeshwar @ Rajendra alleging illegal detention by the Nizamabad Police. Counter affidavit filed by the Sub-Inspector of Police, I Town Police Station, Nizamabad, 2nd respondent herein discloses that on the basis of a complaint lodged by one Smt. Paramalla shobharani alleging theft at her house, a case in Crime No.342 of 2008 under Sections 454 and 380 I.P.C. has been registered on the file of 2nd respondent police station and investigation was taken up. On 11.1.2009 at about 9.00 p.m. while the 2nd respondent along with staff was performing patrolling at RTC Busstand, Nizamabad Town, found one person moving under suspicious circumstances and when he was caught hold and interrogated, he revealed his name as Akulawar Rajendra @ Raju and confessed that about 15 days back he had committed theft in a house at Saraswathinagar, Nizamabad town and confessed to have sold a portion of the stolen gold ornaments 2 to 3 times to some unknown persons and spent the money. Immediately, the 2nd respondent secured two mediators and conducted the confessional statement and recovery of panchanama and seized the gold ornaments. Later, the alleged detenu was produced before the Additional Judicial First Class Magistrate, Nizamabad on 12.1.2009 and on such production, the Magistrate remanded the alleged detenu to judicial remand and now he was lodged at District Jail, Nizamabad. Inasmuch as the alleged detenu was remanded to judicial custody by lawful orders in connection with Crime No.342 of 2008 on the file of 2nd respondent and was lodged at District Jail, Nizamabad, no credence can be given to the allegations made by the petitioner. Accordingly, the writ petition is dismissed. No costs. _________________ (A. GOPAL REDDY, J.) _______________ (G.V.SEETHAPATHY, J.) JANUARY 29, 2009 TSR