THE HON'BLE MR JUSTICE V ESWARAIAH AND THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY WRIT PETITION No.27958 of 2011 DT.20-10-2011 Between: Sri Sangisetti Krishna S/o Late Manikyam … Petitioner And The State, Pithapuram Town Police & another … Respondents Counsel for the Petitioner: Sri P.Satyanarayana Counsel for respondent: Sri The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH AND THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY WRIT PETITION No.27958 of 2011 O R D E R:(Per Hon’ble Sri Justice V.Eswaraiah) 1. This Writ Petition, in the nature of Habeas Corpus, is filed by the petitioner herein, who is the father of the alleged detenu S.Vishnu Murthy stating that his son was illegally taken away by the Circle Inspector of Police, Pithapuram Town Police Station on 30-09-2011 from his place of work i.e., Seeta Rama Milk Dairy Private Limited at Medithi Village, Medithi Mandal, Prakasham District where he has been working as Supervisor. On coming to know about it, the petitioner went to the police station on 01-10-2011 and requested the 1st respondent to release his son, but the 1st respondent refused. It is stated that he was in the illegal custody from 30-09-2011 till the day of filing of the writ petition on 11-10-2011. 2. A counter affidavit is filed by the Circle Inspector of Police, Pithapuram Circle, E.G. District, the 1st respondent herein that the alleged detenu is the sole accused in Cr.No.61/2011 registered for offence punishable under Section 379 I.P.C of Gollaprolu Police Station, Pithapuram Circle, E.G. District, and in that connection, he was arrested on 12-10-2011 and a stolen motor cycle was seized from him and was produced before the Judicial Magistrate of First Class, Pithapuram on 13-10-2011, and in turn he was remanded him to Judicial custody, and pursuant to the remand, he is now lodged in the Sub-Jail at Kakinada. The other allegations that the alleged detenu was in illegal custody from 30-09-2011 and that he has not been involved in any offence are denied. 3. If the 1st respondent has illegally detained the alleged detenu, it is for the alleged detenu to make application if any before the concerned magistrate about his illegal custody. In the circumstances it cannot be said that he has been illegally detained as alleged. 4. In view of the fact that the son of the petitioner was not arrested illegally and was detained pursuant to the pendency of the Crime in Cr.No.61/2011 under Section 389 I.P.C of Gollaprolu Police Station, Pithapuram Circle, E.G. District, this Writ Petition is not maintainable. The Writ petition is accordingly dismissed. No costs. ______________ V. ESWARAIAH,J ________________________ G.KRISHNA MOHAN REDDY,J DATE:20-10-2011 grk THE HON'BLE MR JUSTICE V ESWARAIAH AND THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY (The order of the Bench pronounced by Hon’ble Sri justice Eswaraiah) WRIT PETITION No.27958 of 2011 DATE: 20-10-2011 GRK