THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE KRISHNA MOHAN REDDY Writ Petition No. 22769 OF 2011 DT. 23 .8.2011 Between: G.Rama Subba Reddy … Petitioner And The Superintendent of Police, Kadapa and others … Respondents Counsel for the Petitioner: Sri A Prabhakar Rao Counsel for respondents: Advocate General The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE KRISHNA MOHAN REDDY Writ Petition No. 22769 OF 2011 ORDER: (Per Sri V Eswaraiah,J) The petitioner herein claims that he is a close relative of the detenu no.1 and friend of the detenue nos. 2 and 3 and filed the present writ of Habeas Corpus for their production. It is alleged that the alleged detenues are in the illegal custody of 4th respondent police since 3.8.2011. It is further alleged that on 3.8.2011 the police of I Town Police Station/4th respondent had taken the detenue no.1 into custody in connection with Crime No. 176 of 2011 registered under Section 302 of IPC and kept her in the police station illegally without producing her before the concerned Magistrate. Pursuant to notice issued by this Court, a counter affidavit is filed by third respondent/Inspector of Police, I Town Police Station, Kadapa in which it is stated that the alleged detenue no.1 is the accused no.1, the alleged detenue no.2 is the accused no.4 and the alleged detenue no.3 is the accused no.5 in Crime No. 176 of 2011 registered under Sections 302 and 120 (B) of Indian Penal Code and they were arrested on 10.8.2011 and produced before the Judicial Magistrate of First Class, Kadapa on 11.8.2011 and remanded to judicial custody and now they are lodged at Central Prison, Kadapa. The allegations that they were arrested on 3.8.2011 and kept under illegal custody etc, were denied therein. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader attached to the office of the learned Advocate General. It is to be noted that, if really the alleged detenues were arrested on 3.8.2011 and illegally detained without showing their arrest, the petitioner or their relatives would have made a complaint before the concerned learned Magistrate immediately. Further, no reply was filed to the counter affidavit nor the learned counsel for the petitioner denied the counter averments. In view of the fact that the alleged detenues were produced before the learned Magistrate and remanded to judicial custody and were lodged in Central Prison, Kadapa, it cannot be said that they are in illegal detention, warranting the interference of this Court. The writ petition fails and accordingly the same is hereby dismissed. No costs. ______________ V. ESWARAIAH,J __________________________ G. KRISHNA MOHAN REDDY,J DATE: 23.8.2011 TVK THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE KRISHNA MOHAN REDDY Writ Petition No. 22769 OF 2011 DT. 23 .8.2011