Writ petition under Habeas Corpus seeking release of Uduthala Narasimha dismissed at the stage of admission as police affirmed lawful judicial custody remand.
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THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO
WRIT PETITION No.26080 of 2009
ORAL ORDER: (per the HON’BLE SRI JUSTICE D.S.R.VARMA)
Heard learned counsel for the petitioner and the learned Assistant Government Pleader, representing learned Advocate General, appearing for the respondents.
The writ petition is filed seeking to issue a writ of Habeas Corpus directing the respondents to produce one Uduthala Narasimha, Son of Sailu before this Court and set him at liberty.
The grievance of the petitioner, who is the wife of the alleged detenu, was that the alleged detenu was illegally detained by the Police.
On receipt of notice, respondent No.3 filed counteraffidavit, wherein it is stated that the alleged detenu is accused No.4 in Crime No.96 of 2009 of Chandur Police Station, Nalgonda, registered for the offences under Sections 302 and 379 I.P.C. He was apprehended on 28.11.2009 by the Circle Inspector of Police, Chandur, and was sent to judicial custody on the same day, pursuant to the remand orders of the Judicial Magistrate of First Class, Nalgonda. At present, he is lodged at District Jail, Nalgonda.
In view of the said facts narrated in the counter-affidavit, there are no merits in the writ petition and the same is liable to be dismissed.
Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs.
JUSTICE D.S.R.VARMA
JUSTICE R.KANTHA RAO 08ST DECEMBER 2009 DR
1 issue framed by the court
Whether the writ petition seeking habeas corpus for illegal detention of Uduthala Narasimha merits dismissal.
Wife of Uduthala Narasimha
Uduthala Narasimha
State of Andhra Pradesh represented by Advocate General
D.S.R.Varma
R.Kantha Rao
As recorded by the court registry
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