On a writ petition for habeas corpus alleging forcible taking of the husband, the Court noted he was in judicial custody for IPC offences. Finding no material to interfere, the petition was dismissed at the admission stage.
Writ of habeas corpus not granted; petition dismissed.
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THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO
Writ Petition No.26593 of 2009
Date: 16-12-2009
Between
Smt. Vidyadevi
… Petitioner
and
The Commissioner of Police, Cyberabad, Gachibowli, Rangareddy district and 2 others
… Respondents
THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO
Writ Petition No.26593 of 2009
Oral Order: (per D.S.R.Varma, J.)
Heard Sri Seetharam A.G., learned Counsel appearing for the petitioner and the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondents.
2. The grievance of the petitioner is that her husband was taken away by respondents 2 and 3-Police forcibly on 01-12-2009 at 12 noon. Therefore, she seeks interference of this Court by way of issuing a Writ of habeas corpus.
3. A counter-affidavit has been filed by respondent No.2, inter alia, stating that the alleged detenu, by name Bhairava Singh, is accused No.2 in Crime No.243 of 2009 for the offence under Section 379 of IPC registered on 15-5-2009 by the Police of Rajiv Gandhi International Airport Police Station, Shamshabad, Cyberabad. He was arrested on 04-12-2009 and was produced
before the VIII Metropolitan Magistrate, Rajendranagar, Cyberabad on 05-12-2009 and consequently, he was remanded to judicial custody. Pursuant to the said remand order, he is now lodged at Central Prison, Chenchalguda, Hyderabad. Subsequently, after recovering the stolen property from the alleged detenu, Section 411 of IPC also was added to the existing Section of law in the above crime.
4. In view of the judicial custody of the alleged detenu since 04-12-2009 in connection with Crime No.243 of 2009 of Rajiv Gandhi International Airport Police Station, Shamshabad, Cyberabad, for the offences under Sections 379 and 411 of IPC, we do not find any material to interfere in this writ petition.
5. Accordingly, the writ petition is dismissed, at the stage of admission.
___________________ JUSTICE D.S.R.VARMA
____________________ JUSTICE R.KANTHA RAO 16th December, 2009. Ak
2 issues framed by the court
Whether this Court should issue a writ of habeas corpus regarding the forcible taking of the petitioner's husband by police.
Whether the petitioner's husband was lawfully in judicial custody at the relevant time.
Smt. Vidyadevi
Commissioner of Police, Cyberabad
2 others
D.S.R. Varma
R. Kanth Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
