THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.25900 of 2009 Date: 28.01.2010 Between : Mr. Franklin Chike Mbah … Petitioner and State of Andhra Pradesh, Rep.by the Inspector of Police, IV Town Police Station, Visakhapatnam. … Respondent THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.25900 of 2009 ORAL ORDER: (per the Hon’ble Sri Justice Nooty Ramamohana Rao) Heard learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondent. 2. This writ petition has been instituted by a Nigerian National seeking a Writ of Habeas Corpus to set him at liberty pursuant to the judgment, dated 7.5.2009, rendered in C.C.No.2800 of 2008 by the I Additional Chief Metropolitan Magistrate, Visakhapatnam. 3. Pursuant to the notice issued by this Court on 27.11.2009, the respondent filed a detailed counter affidavit in the matter. It is now brought to our notice that the State has carried the matter in appeal against the judgment, dated 7.5.2009, rendered in C.C.No.2800 of 2008, by instituting Crl.A.No.108 of 2009 and that the I Additional Metropolitan Sessions Judge, Visakhapatnam, by his judgment, dated 5.1.2010, handed down conviction to the petitioner herein and sentenced him to undergo simple imprisonment for a period of six months for the offence committed by him under Section 419 IPC, and six months simple imprisonment for the offence committed by him under Section 471 IPC, as well as directed him to undergo simple imprisonment for a period of two years and also to pay a fine of Rs.10,000/- for the offence committed by him under Section 14-B of the Foreigners Act, 1946 and all the punishments were ordered to run concurrently. 4. In view of the judgment, dated 5.1.2010, in Crl.A.No.108 of 2009, passed by the I Additional Metropolitan Sessions Judge, Visakhapatnam, the petitioner is now lodged in Central Prison, Visakhapatnam. Hence, he cannot be set at liberty, having been confined in the Central Prison, Visakhapatnam, in accordance with law. 5. Therefore, the writ petition is dismissed, at the stage of admission. No order as to costs. _________________________ JUSTICE D.S.R. VARMA _____________________________________ JUSTICE NOOTY RAMAMOHANA RAO 28.01.2010. Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.25900 of 2009 28.01.2010 (Msr)