IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.35762 of 2014 BETWEEN Sameena Begum AND .. PETITIONER The State of Telangana, rep. by its Principal Secretary and others ...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. Petitioner alleges that her husband, who is a lorry driver, has been illegally detained, though he is not involved in any offence.
The present writ petition is filed alleging that on 07.11.2014, respondent No.4 and his staff came to Thadban Filter Near Zoo Park and took away petitioner’s husband and did not release him so far. Hence, alleging illegal custody of respondent No.4, the present writ petition is filed.
3. Instructions received by the learned government pleader show that on a complaint received from Mutyala Kondala Rao, crime No.1218 of 2014 was registered for the offences punishable under Sections 279 and 411 IPC on the file of L.B.Nagar police station on 15.11.2014 and the husband of the petitioner by name Ayub Ali Khan was arrested by the police along with other eight members gang, which is stated to have committed approximately 81 lorry thefts. The husband of the petitioner has been shown as A5 in all those offences and he was produced before the II Learned Magistrate, Cyberabad, and he is remanded to judicial custody on 24.11.2014. He is presently lodged in central prison, Cherlapally. Based on the said instructions received from L.B.Nagar police station, it is stated that neither respondent No.4 nor any other respondents has anything to do with the complaint of the petitioner.
4. Since the petitioner’s husband is now in the judicial custody obviously the allegation of his illegal detention is not substantiated.
Accordingly, the writ petition is dismissed. As a sequel, miscellaneous applications, if any, shall stand closed.
VILAS V. AFZULPURKAR, J November 28, 2014 LMV