IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF OCTOBER 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 : 22246 of 2008 Between: Mohammad Gouse S/o. Fakir Ahmed R/o. D.No. 7-11-79, 14th Ward, Nakkalavaricheruvu Repalle Town, Guntur District. ..... PETITIONER AND 1 The Govt. of A.P., rep. by The Principal Secretary ( Home Department ), Secretariat, Hyderabad, A.P. 2 The Director General of Police, Govt. of A.P., Hyderabad, A.P. 3 The Superintendent of Police, Guntur, Guntur District. 4 The Inspector of Police, Repalle Circle Guntur District, A.P. 5 The Sub-Inspector of Police, Nagaram Police Station Repalle Circle, Guntur District, A.P. .....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 appropriate writ or order or direction more particularly one in the nature of writ of Habeas Corpus directing the respondent No.3, 4 and the respondent No.5 to produce, Petitioenr Brother-in-Law i.e., Mohammad Roshan Zabir Khan before this Hon'ble Court without any further physical torture forthwith and pass Counsel for the Petitioner:MR.SYEDKHADER MASTAN Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU Writ Petition No.22246 of 2008 Oral Order: (per D.S.R.Varma, J.) Heard Sri Syed Khader Mastan, learned Counsel appearing for the petitioner and the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondents 1 to 5. 2. The grievance of the petitioner in this writ petition is that his brother-in-law, by name Mohammad Roshan Zabir Khan, was arrested by the Sub Inspector of Police, Nagaram Police Station, Repalle Circle, Guntur district on 24-9-2008 and he seeks to issue a writ of habeas corpus directing respondents 3 to 5 to produce him before this Court without any further physical torture. 3. In the counter-aﬃdavit ﬁled by the Sub Inspector of Police, Nagaram Police Station, Repalle Circle, Guntur district, who is respondent No.5 herein, it is stated that the alleged detenu was taken into custody on 15-10-2008 in connection with Crime No.60 of 2008 for the oﬀence punishable under Section 302 I.P.C., and he was produced before the Junior Civil Judge, Repalle on 16-10-2008 and the learned Magistrate remanded him to judicial custody. Pursuant to the said orders, he is now lodged at Sub Jail, Repalle. The deponent further gave a categorical account of the events that led to the arrest of the alleged detenu. But, however, they are not relevant for the purpose of the present writ petition. 4. In view of the fact that the alleged detenu was in the judicial custody by virtue of the orders of the competent Court, no circumstances are existing calling for interference by this Court. 5. In the result, the writ petition is dismissed, at the stage of admission. ___________________ JUSTICE D.S.R.VARMA ___________________ JUSTICE K.C.BHANU 20th October, 2008. Ak ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}