In a Habeas Corpus petition seeking to set aside the illegal detention of Nirmal, the court observed that the petitioner and respondents jointly submitted that the detenue was enlarged on bail and was no longer in police custody. Consequently, the court found no cause of action subsisting.
No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE R. KANTHA RAO
WRIT PETITION No. 11926 of 2009
Between:
Anitha W/o. Nirmal R/o. Achampet Village and Mandal, Mahaboobnagar District. ..... PETITIONER
AND
1 The Superintendent of Police, Railway Protection Force, Nellore, Nellore District.
2 The Circle Inspector of Police, Vijayakumar, Railway Protection Force, Nellore Railway Station, Nellore, Nellore District. 3 The Sub-Inspector of Police, Bhaskar Reddy Railway Protection Force, Nellore Railway Station, Nellore, Nellore District.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order or direction more particularly one in the nature of Writ of Habeas Corpus petition to set aside the illegal detention of Nirmal, S/o.Pukhadas R/o.Achampet village and Mandal, Mahaboobnagar District by directing the respondents and to cause production of the detainee before this Honourable Court forthwith and set him at liberty forthwith from the illegal detention of the 2nd & 3rd respondents and pass
Counsel for the Petitioner:MR.A.G.SEETHARAM
Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN)
THE HON'BLE MR. JUSTICE D.S.R.VARMA AND THE HON'BLE MR JUSTICE R. KANTHA RAO
WRIT PETITION No.11926 of 2009
ORAL JUDGMENT: (per THE HON’BLE SRI JUSTICE D.S.R.VARMA)
Both the learned counsel for the petitioner and the learned standing counsel for the respondent-Railways submit that since the alleged detenue is no longer in the custody of the police and he was enlarged on bail, no cause survives in the writ petition.
Recording the said submission, the writ petition is dismissed as having become infructuous. However, there shall be no order as to costs.
JUSTICE D.S.R.VARMA
JUSTICE R.KANTHA
RAO
Date 02.07.2009 usd
1 issue framed by the court
Whether a writ of Habeas Corpus petition survives when the alleged detenu is released on bail.
2 provisions across 2 enactments
Anitha W/o. Nirmal
Superintendent of Police, Railway Protection Force, Nellore
Circle Inspector of Police, Vijayakumar
Sub-Inspector of Police, Bhaskar Reddy
D.S.R. Varma
R. Kantha Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
