THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON’BLE SRI JUSTICE B.N. RAO NALLA WRIT PETITION NO : 28039 of 2010 Between: Motepalli Srinivasa Rao rep., by his wife Motepalli Bhagyalaxmi ..... PETITIONER AND 1 The Commissioner of Police, Vijayawada City and others. .....RESPONDENTS The Court made the following : THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON’BLE SRI JUSTICE B.N. RAO NALLA WRIT PETITION NO : 28039 of 2010 ORDER: (per Hon’ble Sri Justice V. Eswaraiah) The wife of the petitioner filed this writ of Habeas Corpus for production of her husband, who is said to have been in illegal custody of the 3rd respondent-Superintendent of District Jail, Vijayawada. In the counter, it is stated that the alleged detenu is accused No.1 in Crime No.63 of 2010 of Thotavalluru Police Station, Vijayawada, registered for the offences under sections 354 and 452 r/w 34 IPC and in connection with the said crime, he was arrested on 8.11.2010 and was produced before the I Additional Metropolitan Magistrate, Vijayawada and the learned Magistrate remanded him to judicial custody. In pursuance of the remand, he was lodged in sub- jail Vijayawada. It is further stated that the alleged detenu filed Criminal Petition No.6335 of 2010 to quash the proceedings against him in the above said crime and this Court by order dated 6.7.2010 granted interim stay of all further proceedings initially for a period of four weeks from 6.7.2010 and the said order of interim stay was extended by order dated 16.8.2010 till 16.9.2010 and again, the same was extended by four more weeks by an order dated 29.9.2010. It is further stated that the said interim order was expired by 28.10.2010 and therefore, the alleged detenu was arrested on 8.11.2010 and produced before the learned Magistrate and the learned Magistrate remanded him to judicial custody. While so, again the said interim order has been extended by order, dated 27.10.2010 and after receipt of copy of order of such extension, the alleged detenu was released on 16.11.2010. Thus, it is stated that the alleged detenu was already released. As the alleged detenu was already released and the petitioner has not filed any reply about the alleged illegal custody and no damages have been claimed, we are not inclined to express any opinion in this matter. It is open for the petitioner-detenu to take appropriate steps. Accordingly, the writ petition is dismissed. ____________________ Justice V. Eswaraiah _______________________ Justice B.N. Rao Nalla Dated: 22.11.2010. Nn. THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON’BLE SRI JUSTICE B.N. RAO NALLA WRIT PETITION NO : 28039 of 2010 (Order delivered by the Hon’ble Sri Justice V. Eswaraiah) 22.11.2010