IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.12295 of 2009 Between: B.Vijay S/o. Vasanth Vidyanagar, Gajwel,Medak District ..... PETITIONER AND 1 State of A.P rep.by its Principal Secretary Home Department Secretariat,Hyderabad 2 Commissioner of Police Cyberabad 3 Station House Officer Central Crime Station Kushiguda R.R District 4 Ramesh Inspector of Police C.C.S Kushaiguda R.R District .....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 appopriate writ of Heabeas Corpus declaring the action of the 3rd respodent in keeping petitioner's brother B.Sanjay S/o. Vasanth age 24 years OCC Gold Refiner R/o. Gajwal (V) and (M) Proper Medak District in illegal custody as illegal,arbitrary and violative of Art 14&21 of Constitution of India and consequeently direct the 3rd respondent to produce the detenue B.Sanjay S/o. Vasanth Age 24 years Occ: Gold Refiner R/o. Gajwel (V) &(M) and Mandal Proper Medak District in the Hon'ble Court and set him free if he is not require in any Crime and pass Counsel for the Petitioner:MR.P.GIRI KRISHNA 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 B.SESHASAYANA REDDY WRIT PETITION No.12295 of 2009 ORAL ORDER : (per the Hon’ble Sri Justice B.Seshasayana Reddy) Heard learned counsel for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent Nos.1 to 3. 2. This writ petition has been filed by B. Vijay alleging illegal detention of Sri B.Sanjay, who is his brother, by the third respondent and consequently to direct the third respondent to produce the alleged detenu before this Court and set him at liberty. 3. Counter affidavits have been filed by respondent Nos.3 and 4. It is stated in the counter affidavit filed by respondent No.3 that the alleged detenu is an accused in Crime No.213 of 2009 registered for the offences punishable under Sections 454, 380 I.P.C. and in connection with the said crime, the police of Alwal arrested him on 25.6.2009 and produced before the VI Metropolitan Magistrate, Cyberabad at Medchal, who inturn remanded him to judicial custody. It is also stated that pursuant to the order of remand, the alleged detenu has been lodged in Central Prison, Cherlapalli, Ranga Reddy District. 4. In view of the fact that the alleged detenu, namely B.Sanjay is remanded to judicial custody in accordance with law, the contention of the petitioner that his brother B.Sanjay has been illegally detained by the police has no merit. 5. Accordingly, the writ petition is dismissed at the stage of admission. However, there shall be no order as to costs. _______________________ D.S.R.VARMA, J ____________________________ B.SESHASAYANA REDDY, J 10-07-2009 Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.12295 of 2009 10-07-2009 (Msr)