THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY WRIT PETITION No.22501 OF 2011 DT.9.8.2011 Between: Smt Munni Bai w/o Sri Kishore Kumar … Petitioner And The Commissioner of Police, Cyberabad & Ors … Respondents Counsel for the Petitioner: Sri A.L.Raju Counsel for respondent: Sri The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY WRIT PETITION No.22501 OF 2011 O R D E R: (Per Hon’ble Sri Justice V.Eswaraiah) This writ petition, in the nature of Habeas Corpus is filed by one Smt.Munni Bai. It is her case that her son Mr.Chetan Agarwal was taken away illegally by the Kookatpally Police on 5-8-2011 from the factory of her husband without registering any crime and without intimation of arrest, and at that time, her husband was out of station. It is her further case that her son was kept in the police station from 5-8-2011 to 7-8-2011 illegally without showing any arrest and that her son intimated her on phone about his illegal custody. It is also her case that her son was not provided any food. The learned A.G.P attached to the Office of the learned Advocate General submits that the husband of the petitioner as well as the alleged detenu Mr.Chetan Agarwal are accused 1 and 2 in Cr.No.479 of 2011 of Kookatpally Police Station, registered on 3-8-2011, under Section 63 of the Copy Right Act 1957 r/w Section 420 I.P.C. As the husband of the petitioner was absconding, the police were able to procure Mr.Chetan Agarwal on 7-8- 2011 and was produced before the IX Metropolitan Magistrate, Miyapur, who in turn remanded to the judicial custody, and in pursuance of remand, he was lodged in the Central Prison, Cherlapalli. Whether the petitioner was arrested on 5-8-2011 or 7-8-2011 pursuant to the pendency of the said crime cannot be enquired into. The alleged detenu could have filed the application before the concerned Magistrate so as to enable the concerned Magistrate to conduct enquiry about his illegal detention. In the absence of any such application made before the concerned Magistrate, it cannot be said that the alleged detenu was detained illegally on 5-8-2011 and was produced on 7-8-2011. However, this order will not preclude the petitioner to establish about her son’s illegal detention, if any, from 5-8-2011 to 7-8-2011. For the aforesaid reasons, the writ petition is dismissed. No costs. ______________ V. ESWARAIAH,J ________________________ G.KRISHNA MOHAN REDDY,J DATE: 9.8.2011 grk THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY (The Order of the Bench delivered by Hon’ble Sri Justice V.Eswaraiah) WRIT PETITION No.22501 OF 2011 DT.9.8.2011