THE HON'BLE SRI JUSTICE A. GOPAL REDDY & THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No:14712 OF 2011 Dated: 8.6.2011 Between: S. Noorjahen .. Petitioner And 1. The Government of A.P., rep., by its Secretary, Home Department, Secretariat, Hyderabad and others. .. Respondents. This Court made the following THE HON'BLE SRI JUSTICE A. GOPAL REDDY & THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No:14712 OF 2011 ORDER: (Per Hon’ble Sri Justice Raja Elango) The petitioner approached this Court with a prayer to produce the alleged detenus viz., her husband and her two sons. As directed by this Court the respondent-police filed a counter- affidavit in which it is stated that the husband of the petitioner was arrested on 26.5.2011 in connection with registration of a crime in Cr.No.29 of 2011 and on the same day, he was released on bail on executing a bail bond for Rs.5,000/-. Further it is stated in the counter- affidavit that the alleged detenus 2 and 3 are not taken to the police station and no case is registered against them. Learned Counsel for the petitioner also admitted in the Court that the alleged detenus are now freely moving and they are now living with the petitioner herein. Since the alleged detenus are not in illegal custody of anyone as on date and also they are moving freely on their own, the writ petition has become infructuous. At this stage, the learned Counsel for the petitioner submitted that the police had taken the alleged detenus to the police station and brutally assaulted them and hence, the matter requires adjudication. In the facts and circumstances of the case and in view of the above submission, this Court is of the view that by invoking the provisions of Habeas Corpus, the said issue cannot be adjudicated by this Court. If the petitioner is aggrieved by the attitude of the respondent-police in using the third degree method, the petitioner is at liberty either to approach the Human Rights Commission or to seek remedy in appropriate forum. Accordingly, the writ petition is disposed of. ___________________ Justice A. Gopal Reddy ________________ Justice Raja Elango Date: 8.6.2011 Nn. THE HON'BLE SRI JUSTICE A. GOPAL REDDY & THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No:14712 OF 2011 (ORDER delivered by Hon’ble Sri Justice Raja Elango) Dated: 8.6.2011