THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No.17391 of 2014
DATED:10.07.2014 Between:
Y. Siva Koti Reddy, Muppala Mandal, Guntur District.
And The State Station House Officer, Thorrur P.S., Thorrur, Warangal District and others.
… Petitioner ….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No.17391 of 2014
Order: (per Hon’ble Sri Justice Sanjay Kumar) This petition was filed seeking a Writ of Habeas Corpus for production of the petitioner’s sons, viz, Y. Hanimi Reddy and Y. Sambi Reddy.
The Sub-Inspector of Police, Thorrur Police Station, Warangal District, filed a counter affidavit stating that the alleged detenus were arrayed as the accused in Crime No. 305 of 2013 registered under Sections 420 and 506 read with Section 34 I.P.C., on the file of the Thorrur Police Station, Warangal District. In connection therewith, they were taken into custody by the police on 26.6.2014 and were produced before the Judicial First Class Magistrate, Thorrur, on the very same day and were remanded to judicial custody. They are now stated to be lodged in the Sub-Jail at Mahaboobabad.
Though the learned counsel for the petitioner sought time to file an affidavit in reply on 3.7.2014, no such affidavit has been filed. Today, a request is made for further time.
In the light of the contents of the counter affidavit, it is clear that the alleged detenus are not illegally detained and it is for the petitioner to take suitable steps in accordance with law for securing their release. A writ of Habeas Corpus would therefore not lie in a matter of this nature.
The writ petition is accordingly dismissed, leaving it open to the petitioner to pursue alternative remedies in accordance with law. Pending miscellaneous applications, if any, shall also stand dismissed. No order as to costs.
K.J. SENGUPTA, CJ 10th July, 2014 pnb SANJAY KUMAR, J