IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 24501 of 2014 Date: 03.09.2014 Between:
Shahnaz Bano … Petitioner And The State of A.P., Rep., by its Secretary, Home Department, Hyderabad & others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 24501 of 2014 ORDER: (Per the Hon’ble Sri Justice Sanjay Kumar) The petitioner seeks a writ of Habeas Corpus to produce her brother from the alleged illegal detention of the 3rd respondent.
It is her case that a complaint was made to the Kurnool III Town Police Station and the same was registered as FIR.No.123 of 2014, but thereafter, the police have not taken any action upon the complaint.
The remedy of the petitioner in such a situation is provided under the provisions of the Code of Criminal Procedure, 1973. Writ of Habeas Corpus would not lie in a matter of this nature. It is open for the petitioner to approach the appropriate forum in accordance with law.
The writ petition is accordingly dismissed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 03.09.2014 ES