IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE 21st DAY OF SEPTEMBER, TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.21323 of 2010 Between: S.Shashi Kumar … Petitioner And The Director General of Police and others … Respondents This court made the following:- HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.21323 of 2010 ORDER: - (Per Hon’ble Sri Justice A.GOPAL REDDY) Complaining that the brother of the petitioner namely S.Hemanth Kumar has been illegally detained by the Station House Officer, Prakash Nagar Police Station, Rajahmundry-respondent No.3, the petitioner filed the present writ petition for issuance of a writ of Habeas Corpus. It is alleged that the petitioner and his brother are doing Marble work. While so, on 02.07.2010, respondent No.3 officials came to their house and beat them in the road and arrested them without any reasons and detained them in the police station from 02.07.2010. It is further submitted that when the petitioner along with his mother approached this Court by filing W.P.No.17640 of 2010 seeking direction not to harass them, this Court by order, dated 22.07.2010, gave a direction to respondent No.3 to follow the due process of law. Pursuant to the said order, respondent No.3 released them. Further, the alleged detenu- brother of the petitioner filed an anticipatory bail before I Additional Sessions Judge, East Godavari District at Rajahmundry in Crl.M.P.No.1526 of 2010, against crime No.36 of 2010 of Prakash Nagar Police Station, Rajahmundry-respondent No.3 and the same was disposed of on 16.8.2010 with a direction to the detenu to surrender before III Additional Judicial First Class Magistrate, Rajahmundry and to move a bail application. When the petitioner brought his brother to surrender before the Court on 23.08.2010, the officials of respondent No.3 came to the court hall and forcibly taken him into illegal custody. A detailed counter affidavit has been filed by respondent No.3 stating that the alleged detenu is accused No.2 in crime No.36 of 2010 registered for the offences punishable under Sections 454 and 380 IPC of Prakashnagar Police Station, Rajahmundry. He was taken into custody on 29.08.2010 and was produced before II Additional Judicial Magistrate of First Class, Rajahmundry on 30.08.2010. On such production, he was remanded to judicial custody and was lodged in Central Prison, Rajahmundry. It is also stated that on 20.03.2010 on the complaint lodged by one J.Srinivasa Rao, he arrested A1-P.Raj Kumar and recovered major part of the stolen property connected with the above crime from his possession and produced before the Juvenile Magistrate Court, Rajahmundry and was remanded to judicial custody on 14.07.2010 and subsequently he was enlarged on bail. On his confession that he gave part of the stolen property to the alleged detenu, the alleged detenu was arrested on 29.08.2010 and was produced before the Magistrate. The remand report filed along with the counter affidavit also discloses the arrest of the detenu and when he was produced before the Magistrate. The detenu has not made any complaint of his detention earlier to the one, as framed in the remand report and as alleged by the petitioner in the present writ petition. Since the alleged detenu has been remanded to judicial custody after obtaining lawful orders, the contention of the petitioner that he was illegally detained, cannot be accepted. The Writ Petition is dismissed. There shall be no order as to costs. ________________ A.GOPAL REDDY, J ______________ RAJA ELANGO, J 21st September 2010 lmv