Dismissed

Khaja Hussain v. Secretary to Government Department of Home

Telangana HC1 Jul 2009WP/12338/2009

Case brief

AI extract

What is this about?

In a writ petition under Article 226 seeking habeas corpus for the alleged illegal detention of the petitioner's brother, the court examined police affidavits. Finding the arrest lawful and production before the Magistrate done correctly, the court held no illegal detention occurred.

What did the court decide?

None. The writ petition was dismissed; no directions for release were given.

Khaja Hussain Vs Secretary to Government Department of Home — Bail and Remand | Telangana HC (2009)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE

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PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and

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THE HON'BLE MR JUSTICE R. KANTHA RAO

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WRIT PETITION NO : 12338 of 2009

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Between:

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Khaja Hussain S/o.Akhtar Hussain R/o.1-4-64/40/D, Bholakpur, Hyderabad.

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..... PETITIONER

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AND

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1 Secretary to Government Department of Home, Government of Andhra Pradesh, Secretariat, Hyderabad. 2 Station House Officer, PS Amberpet, Hyderabad.

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3 Commissioner of Police, Hyderabad.

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.....RESPONDENT(S)

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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 to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Habeas Corpus declaring the action of the Respondents in not producing the younger brother of the petitioner by name Khursheed Hussain S/o. Akhtar Hussain, aged 25 years before the Magistrate after his arrest on 22.6.2009 onwards as illegal, arbitrary and violative of Art. 21 of the Constitution of India besides being violative of principles of natural justice, and consequently direct the Respondents to release the Petitioner's younger brother Khursheed Hussain forthwith, and pass.

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Counsel for the Petitioner:MR.A.RAVINDER REDDY

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Counsel for the Respondent No.: THE ADVOCATE GENERAL

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The Court made the following :

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O R D E R: (Per Sri D.S.R. Varma, J)

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The grievance of the petitioner in the present writ petition is that his younger brother by name Khursheed Hussain was illegally detained by Amberpet Police, Hyderabad.

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In the counter affidavit filed by the Inspector of Police, Amberpet Police Station, it has been stated that the alleged detenue is Accused No.7 in Crime No.310 of 2009 for the offence under sections 379 and 411 read with Section 34 I.P.C., and along with him, six other accused were also arrested on 24.06.2009 and he was produced before the IV Additional Metropolitan Magistrate, Hyderabad. Thereupon, the Magistrate remanded him to judicial custody. Pursuant to the orders passed by the Magistrate, the detenue is lodged at Central Prison, Chenchalguda, Hyderabad.

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In view of the said fact, we are of the opinion that there is no illegal detention of the detenue, as alleged by the petitioner. On the other hand, the arrest of the accused is made in accordance with due process of law.

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The writ petition is therefore dismissed. No costs.

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_____________ D.S.R.VARMA J.,

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__________________ R.KANTHA RAO J.,

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Dt.01.07.2009 tjs

Khaja Hussain v. Secretary to Government Department of Home

Case brief

What is this about?

What did the court decide?

Khaja Hussain v. Secretary to Government Department of Home

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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