IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 10663 of 2008 Between: Smt.Sulochana W/o.Ashok P D/o.Late Bombai Kanakappa Permanent R/o. Chinna Jatram (V), Narayanpet (Mandal), Mahabubnagar District, Presently residing at Plot No:6, Work Girls Hostel, Siripuram Colony, Musarambagh, Malakpet, Hyderabad - A.P. ..... PETITIONER AND 1 The Station House Officer, Jarasangham Police Station, Jarasangham Mandal, Medak District. 2 The Superintendent of Police, Jarasangham Mandal, Medak District. 3 Kum Likhita D/o.Deveedu Krishnapur Village, Jarasangham Mandal, Medak District. .....RESPONDENTS 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 direct more particularly one in the nature of Habeas Corpus direct the respondents to produce the person Sri P.Ashok S/o.P.Ramulu, who was arrested by the first respondent in Crime No.21/2008 on 21/04/2008 and pass such other order or orders. Counsel for the Petitioner: MR.M.VIJAYKUMAR GOUD Counsel for the Respondent Nos.1 & 2: THE ADVOCATE GENERAL The Court made the following : THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.10663 of 2008 ORDER: (per THE HON’BLE SRI JUSTICE K.C.BHANU) This writ petition is filed seeking to issue a writ of Habeas Corpus directing the respondents to produce her husband by name P.Ashok, who was arrested by the first respondent on 21.04.2008 in connection with Crime No.21 of 2008 of Jarasangham Police Station, Medak District. The petitioner claims that she married the alleged detenu on 18.04.2008 according to hindu rites and customs. The grievance of the petitioner is that though her husband was arrested by the first respondent on 21.04.2008 in connection with the above said crime, which was registered for the offence under Section 420 IPC, he was not produced before the Magistrate concerned. A detailed counter-affidavit has been filed by the first respondent-Sub-Inspector of Police, Jarasangham Police Station, Medak District, stating that he arrested the husband of the petitioner on 07.05.2008 and produced him before the Judicial Magistrate of First Class, Jarasangham, on 08.05.2008 and on such production, the alleged detenu was remanded to judicial custody. However, the learned Magistrate granted bail and released him on the very same day. Therefore, when the husband of the petitioner is not in wrongful detention or illegal custody of any of the respondents, the question of issuing a writ of Habeas Corpus does not arise. The writ petition is devoid of merits and is, accordingly, dismissed. However, there shall be no order as to costs. _______________ D.S.R.VARMA, J ______________ K.C.BHANU, J 17.06.2008 dr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Jarasangham Police Station, Jarasangham Mandal, Medak District. 2 The Superintendent of Police, Jarasangham Mandal, Medak District. 3 2CCs to Advocate General, High Court of A.P., Hyderabad. (OUT) 4 2CD copies