HONOURABLE SRI JUSTICE A.GOPAL REDDY AND HONOURABLE SRI JUSTICE RAJA ELANGO Date: 06.07.2011 WRIT PETITION No. 17721 of 2011 Between: Smt.Anapa Kusuma …. Petitioner and The Principal Secretary to Government, General Administration Department, Government of A.P., and others …. Respondents This court made the following: HONOURABLE SRI JUSTICE A.GOPAL REDDY AND HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.17721 of 2011 ORDER : - (per AGR, J) The mother of the petitioner filed the present writ petition for issuance of Habeas Corpus alleging that the petitioner’s son viz., Naresh was arrested by the respondents and taken into custody on 17.06.2011, but has not been produced before the Magistrate and was illegally detained by the respondents. 2. In the counter affidavit filed by the 4th respondent, it is stated that a case in crime No.508 of 2011 for the offence under Section 379 IPC of Nunna (Payakapuram) Police Station, Vijayawada was registered on 27.06.2011 on the complaint of Budi Durga Rao alleging that unknown offenders stolen his purse containing an amount of Rs.11,500/-. During the course of investigation, a person by name Anapa Naresh, who was moving under suspicious circumstances was questioned and he confessed that he committed two crimes and also crime No.461 of 2011 and in which the police recovered the three money purses containing Rs.15,000/-, Rs.7,000/- and Rs.14,000/-. The detenu was arrested on 28.06.2011 and was produced before the I Metropolitan Magistrate, Vijayawada on the next day. The Magistrate remanded him to judicial custody and pursuant to the orders of remand, the alleged detenu was lodged at District Jail, Vijayawada. During the course of investigation it came to light that the alleged detenu is a habitual offender and involved in number of property offences viz., Crime Nos.186, 187 and 188 of 2010 under Section 379 IPC of Chirala I Town Police Station, Prakasam District. 3. Having regard to the fact that the alleged detenu was lodged in central prison pursuant to the lawful orders passed by the Magistrate, it cannot be said that the detenu was in illegal detention. 4. The Writ Petition is, accordingly, dismissed. There shall be no order as to costs. ________________ A. GOPAL REDDY, J _____________ RAJA ELANGO, J July 7, 2011 Lmv HONOURABLE SRI JUSTICE A.GOPAL REDDY AND HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.17721 of 2011 Date: 06.07.2011 lmv