IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD 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 : 22582 of 2008 Between: Smt. Bee Pasha W/o. Mohd. Multani R/o. H.No.19-2-435/80/62, Mishrigunj, Gulshan Nagar, Hyderabad. ..... PETITIONER AND 1 The Superintendent of Police, Nalgonda, Nalgonda Dist. 2 The Station House Officer, Vallikonda Police Station Vallikonda, Nalgonda Dist. .....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 issue a writ or order or direction more particularly one in the nature of WRIT OF HABEAS CORPUS, directing the respondents to produce the detenu i.e., Mohd. Qadeer, S/o. Mohd. Multani, Aged 19 years, Occ: Auto Driver, R/o. H.No.19-2-435/80/62, Mishrigunj, Gulshan Nagar, Hyderabad, before this Hon'ble Court and set him at liberty after recording the statement of the detenu about the illegal custody and send the detenu to medical examination, and pass such other order or orders as this Hon’ble Court deems ﬁt and proper in the interest of justice. Counsel for the Petitioner: MR.P.SHIV KUMAR Counsel for the Respondents : 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. 22582 OF 2008 ORDER: (per the HON’BLE SRI JUSTICE K.C.BHANU) This Writ Petition, under Article 226 of the Constitution of India, is ﬁled to issue a writ of Habeas Corpus, directing the respondents to produce Mohd. Qadeer, s/o.Mohd. Multani (hereinafter referred to as ‘the detenu’), before this Court, and to release him forthwith, stating that Valligonda police detailed him illegally. The petitioner herein is mother of the detenu. In pursuance of the notice ordered by this Court, the second respondent, who is the Sub Inspector of Police, Valigonda police station, ﬁled a detailed counter aﬃdavit stating that the detenu is A.1 in crime no.98 of 2008 of Valigonda police station, registered for the oﬀence under Section 379 I.P.C., and that he was arrested in the said crime on 18.10.2008 and produced, on the same day, before the Judicial Magistrate of First Class, Nakarekal, who remanded him to judicial custody. In view of the fact that the detenu is in judicial custody by a judicial order, the question of unlawful detention does not arise. The Writ Petition is devoid of merit and is, accordingly, dismissed. No costs. --------------------------------- JUSTICE D.S.R.VARMA -------------------------------- JUSTICE K.C.BHANU 23.10.2008. DRK