HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY W.P. NO. 26510 OF 2011 Monday, the Tenth day of October, Two Thousand and Eleven Between A.Prabhakar Rao Petitioner AND The Commissioner of Police, Cuberabad, Gachi Bowli, Rangareddy District and another Respondents THE COURT MADE THE FOLLOWING: ORDER: (per the Hon’ble Sri Justice V.Eswaraiah) The petitioner is said to be the cousin brother of the alleged detenu namely T.Raghavendra Rao, alleged to be taken into illegal custody by the second respondent police on 9.9.2011. It is further stated that the alleged detenu was taken into illegal custody again on 18.9.2011 and let off and once again he was taken into illegal custody on 19.9.2011. Hence, the present writ of habeas corpus. The Inspector of Police, Kukatpally Police Station, has filed counter affidavit stating that on a complaint, a case in Cr. No.893 of 2011 was registered for offences punishable under Secs. 506, 509 and 323 read with Sec. 34 IPC at Kukatpally Police Station, against the alleged detenu and three others. Thus the alleged detenu is one of the accused persons in the said crime. It is also stated by him that summons were issued in the said case without arresting him and in fact he has been absconding and the present writ petition filed on his behalf is not tenable. Learned counsel appearing for the petitioner submits that the alleged detenu is in fact in the illegal custody of the second respondent while the Assistant Government Pleader attached to the office of the learned Advocate General submits that the alleged detenu had obtained an order of stay of his arrest. As both the counsel appearing on behalf of the respondents claims that the alleged detenu is an accused in the said case and has been absconding it proves that he is not in illegal custody and hence nothing remains for adjudication in this writ of habeas corpus. Therefore, the writ petition is closed. No order as to costs. ___________________ Justice V.Eswaraiah ______________________________ Justice G.Krishna Mohan Reddy October 10, 2011 MAS