IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER 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. 21186 of 2008 Between: Smt. P.Gangu W/o.P.Rajanna R/o.Subiryal village, Armoor Mandal, District Nizamabad. AP. ..... PETITIONER AND Central Jail, Cherlapally, Ranga Reddy District, A.P., rep. by Superintendent of Jail. .....RESPONDENT 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 an appropriate writ order or direction more particularly one in the nature of writ of Habeas corpus by directing the respondent to produce petitioner son namely pastham Babbulu @ Chinna Sailu, S/o.Rajanna, aged 25 years, R/o.Subiryal village, Armoor Mandal, Nizamabad District now at Central jail, Cherlapally, R.R.District AP under illegal, detention as he hand already completed the entire period of sentence as per the orders passed in Crl.R.C.No.509 of 2008 dated 12.9.2008 before this Hon`ble court and on such production he may be set at liberty in view of completing the sentence passed in Crl.R.C.No.509 of 2008 dated 12.9.2008 this Hon`ble court and award costs, damages, compensation etc., for detaining petitioner son for more than 12 days illegal, without any authority under law in Jail and pass Counsel for the Petitioner : Mr. K.M.MAHENDER REDDY Counsel for the Respondent : 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.21186 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondent. 2. This Writ of Habeas Corpus is ﬁled by the petitioner seeking a direction to the respondent to produce petitioner’s son viz., Pastham Babbulu @ Chinna Sailu, S/o.Rajanna, aged 25 years, resident Subiryal village, Armoor Mandal, Nizamabad District, who is illegally lodged at Central Jail, Cherlapally, Ranga Reddy District, despite completion of the entire period of sentence as per the orders passed in Crl.R.C.No.509 of 2008, dated 12-09-2008 and set him at liberty forthwith. 3. It is the contention of the learned counsel for the petitioner that despite completion of the period of sentence, keeping the son of the petitioner in the prison amounts to illegal detention. 4. The learned Assistant Government Pleader upon instructions submits that the ﬁne amount was not paid by the alleged detenu, therefore, he was still undergoing imprisonment by virtue of the default condition for two more months. 5. Learned counsel for the petitioner submits that the ﬁne amount had already been paid by the alleged detenu and a receipt also was issued to that effect. 6. But, it appears that the information as regards the payment of ﬁne amount was not communicated by the trial Court i.e., the Assistant Sessions Judge (Fast Track Court), Armoor, Nizamabad District, to the jail authorities at Cherlapally and because of this administrative lapse the alleged detenu was undergoing imprisonment by virtue of the default condition. 7. In view of the above, after satisfying that the ﬁne amount has been paid, as contended by the learned counsel for the petitioner, the Assistant Sessions Judge (Fast Track Court), Armoor, Nizamabad District, is directed to forward a copy of the release order of the alleged detenu, forthwith, by special messenger to the Superintendent, Central Prison, Cherlapally. Upon such information being received, the Superintendent, Central Prison, Cherlapally, shall release the alleged detenu i.e., viz., Pastham Babbulu @ Chinna Sailu, S/o.Rajanna, aged 25 years, resident Subiryal village, Armoor Mandal, Nizamabad District, forthwith. 8. With the above directions, the writ petition is disposed of, at the stage of admission. There shall be no order as to costs. 9. Registry is directed to communicate the operative portion of this order by Fax to the District and Sessions Judge, Nizamabad District, in order to communicate the same to the Assistant Sessions Judge (Fast Track Court), Armoor, Nizamabad District, for prompt and appropriate action, as directed above. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 26-09-2008 NOTE:- Issue C.C. today. (B/O) Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Superintendent, Central Prison, Cherlapally, Ranga Reddy District. 2. Two CCs to the Advocate General, Government of A.P., High Court Buildings, Hyderabad. (OUT). 3. Two C.D. copies. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.21186 of 2008 26-09-2008 (Msr) Pastham Babbulu @ Chinna Sailu, S/o.Rajanna, aged 25 years, Subiryal village, Armoor Mandal, Nizamabad District, Convict in S.C.No.464 of 2002, dated 31-03-2005. Operative portion of the order in W.P.No.21186 of 2008, dt.26-09-2008 In view of the above, after satisfying that the ﬁne amount has been paid, as contended by the learned counsel for the petitioner, the Assistant Sessions Judge (Fast Track Court), Armoor, Nizamabad District, is directed to forward a copy of the release order of the alleged detenu, forthwith, by special messenger to the Superintendent, Central Prison, Cherlapally. Upon such information being received, the Superintendent, Central Prison, Cherlapally, shall release the alleged detenu i.e., viz., Pastham Babbulu @ Chinna Sailu, S/o.Rajanna, aged 25 years, resident Subiryal village, Armoor Mandal, Nizamabad District, forthwith. With the above directions, the writ petition is disposed of, at the stage of admission. There shall be no order as to costs. Registry is directed to communicate the operative portion of this order by Fax to the District and Sessions Judge, Nizamabad District, in order to communicate the same to the Assistant Sessions Judge (Fast Track Court), Armoor, Nizamabad District, for prompt and appropriate action, as directed above. ………