IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 8801 of 2008 Between: Smt.C.Krishna Kumari W/o.Late C.Dinakar R/o.Bandlaguda H.No.4-3-337,Vinayakanagar Rajendranagar,R.R.District ..... PETITIONER AND 1 The Commissioner of Police,Basheerbagh Hyderabad 2 The Inspector of Police,Station House officer P.S., Gandhinagar,Secunderabad .....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 writ order or direction more particularly one in the nature of writ of Habeas corpus directing the Respondents to produce C.Raju S/o.Late C.Dinakar now under illegal, detention by the REspondentNo.2 and set him at liberty forthwith after declaring his detention as illegal, arbitrary, and pass Counsel for the Petitioner:MR.G.ARUN KUMAR Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : ORDER: (Per Hon’ble Sri Justice A.Gopal Reddy) Smt. C.Krishna Kumari filed this writ of Habeas Corpus alleging that on 16.4.2008 the police of Gandhinagar Police Station arrested her son C.Raju at about 2.00 p.m. while he was on duty and when she enquired with the police on 18.4.2008 about the whereabouts of her son, the police have not disclosed anything about him and her son is under the illegal custody of the second respondent. The second respondent filed a counter affidavit along with copy of F.I.R. in Crime No.245 of 2006 on the file of Gandhinagar Police Station registered for the offence under Section 382 IPC. The material filed along with the counter discloses that on a complaint lodged by one A. Madhusudhan Rao of Gandhinagar area stating that he was working as Manager-cum-Cashier and that after closing the shop on 9.8.2006 he left the shop with a bag containing cash of Rs.1,28,000/- towards the sale proceeds of the day to hand over the same to his proprietor at Gandhinagar on his motorcycle and while taking turn towards the house of proprietor, two unknown persons came from behind and snatched away the cash bag. On the basis of the said complaint, Crime No.245 of 2006 was registered and during the course of investigation, on receipt of credible information, one B.Parasuram (A.1); M. Krishna (A.2); and C.Raju (alleged detenu), who is A.3 in the said crime were arrested on 19.4.2008 and a part of stolen amount of Rs.35,000/- was recovered from their possession and they were produced before X Additional Chief Metropolitan Magistrate, Secunderabad on the same day. On such production, the learned Magistrate remanded them to judicial custody and accordingly they were lodged at Central Prison, Chanchalguda, Hyderabad. He denied the arrest of the alleged detenu on 16.4.2008 as alleged in the petition. In view of registration of Crime No.245 of 2006 for the offence under Section 382 IPC in connection of which, the alleged detenu, who is shown as A.3 was arrested and remanded to judicial custody, the question of illegal detention as alleged by the petitioner does not arise for issuance of writ of Habeas Corpus. Accordingly, the Writ Petition is dismissed. No costs. ________________ A. GOPAL REDDY, J. _______________________ B.SESHASAYANA REDDY, J. 28.04.2008 Tsr. To 1 The Commissioner of Police,Basheerbagh Hyderabad 2 The Inspector of Police,Station House officer P.S., Gandhinagar,Secunderabad. 3 Two C.Cs. to Government Pleader for Home, High Court Buildings, (OUT) 4. Two C.D. copies.