HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH AND THE HONOURABLE SRI JUSTICE V.SURI APPA RAO WRIT PETITION NO. 2016 OF 2011 Tuesday, the Twenty Second day of February, Two Thousand and Eleven Between Uppoju Chary Petitioner AND ACP, Special Operation Team, Amberpet, Hyderabad and others Respondents THE COURT MADE THE FOLLOWING: ORDER: The petitioner one Mr. Uppoju Chary, filed this writ of habeas corpus for the production of Mr. B.Narsimha Chary, a goldsmith, alleging that while he was discharging his duties at the shop on 31.1.2011, the police relating to first respondent team entered the shop and without disclosing their names, forcibly picked the alleged detenu, taken him and detained him. It is stated that himself and brother of the detenu and relatives also approached the respondent police to know the reasons of arrest, the detenu who was seen in the police station with the signs of ill-treatment and torture had informed him that the police are threatening him to accept about the purchase of stolen property though the alleged detenu did not purchase any stolen property. It is not known who is the petitioner herein. He is neither brother nor a relative of the alleged detenu. It is also not stated whether he is a friend or not. A counter is filed by the first respondent stating that on a complaint received from one SRA Nageswara Rao, resident of H.No.3-323/A, Plot No. 75, Jail Colony, Meerpet on 7.1.2011, to the effect that a theft had occurred at his residence on that day at about 4.15 p.m. wherein one LCD TV of 26 inches of LG make, Lenovo Laptop, two gold rings weighing about 3 grms and Nokia Mobile phone were stolen by some unknown offenders, the Meerpet Police Station, Cyberabad registered a case in Cr. No. 16 of 2011 for the offences under Secs. 454 and 380 IPC. It is stated that during the course of investigation, the alleged detenu was arrested, as he was arrayed as A-3 in the above crime basing on the confession of A-2. It is also stated that the accused Nos. 2 and 3 are arrested and accused No.1 is still absconding. The alleged detenu, after his arrest on 2.2.2011, was produced before the learned II Metropolitan Magistrate, Cyberabad at L.B. Nagar on the same day, who remanded him to judicial custody and presently lodged in Central Prison, Cherlapally. Inasmuch as during the course of investigation relating to crime No.293 of 2010 of Meerpet Police Station, based on the confessional statement of A-2, on the allegation of receiving the stolen property in the above crime, the alleged detenu, was arrested and produced before the jurisdictional Magistrate, it cannot be said that the detention of the alleged detenu is illegal or without any authority of law. Consequently, the writ petition fails and is accordingly dismissed. No order as to costs. ___________________ Justice V.Eswaraiah ________________________ Justice V.Suri Appa Rao February 22, 2011 MAS