Dismissed

Ch. Somaiah, Son of late Narsaiah, v. The State of Andhra Pradesh

Telangana HC30 Jul 2012WP/23103/2012

Case brief

AI extract

What is this about?

In a writ petition challenging the illegal detention of the petitioner's son, the High Court held that since the detenu was arrested in connection with a crime and produced before a Magistrate for remand to judicial custody, no question of illegal detention arose. The petition was dismissed.

What did the court decide?

None. The writ petition was dismissed with no costs.

Ch. Somaiah, Son of late Narsaiah, Vs The State of Andhra… — Bail and Remand | Telangana HC (2012)

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THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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(Special Original Jurisdiction)

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MONDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWELVE

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PRESENT THE HON'BLE SRI JUSTICE N.V.RAMANA AND

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THE HON'BLE SRI JUSTICE P.DURGA PRASAD

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W.P.No.23103 of 2012

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Between:

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Ch.Somaiah, S/o late Narsaiah

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.Petitioner

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And The State of A.P., represented by its Secretary, Home Department, Secretariat, Hyderabad and 3 others.

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.. Respondents

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HONOURABLE SRI JUSTICE N.V.RAMANA AND HONOURABLE SRI JUSTICE P.DURGA PRASAD

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W.P.No.23103 of 2012

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ORDER:

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(Per. Hon’ble Sri Justice N.V.Ramana)

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By this writ petition, the petitioner contends that his son namely Srinath, aged about 27 years, has been illegally detained by the 2^nd respondent-Station House Officer, Amberpet Police Station, Hyderabad, since 13.07.2012, and he seeks a direction to the respondents to produce him before this Court and to set him at liberty.

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Learned Assistant Government Pleader representing learned Advocate General, on instructions, submitted that the alleged detenu is one of the accused in Crime No.481 of 2012 on the file of Saroornagar Police Station, Hyderabad, registered for the offence under Section 420 of I.P.C. In connection with the said crime, he was arrested on 27.07.2012 and produced before the XI Metropolitan Magistrate, L.B.Nagar, Hyderabad, on 28.07.2012, who remanded him to judicial custody.

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Learned Counsel for the petitioner, however, contended that the alleged detenu was taken into custody by the police on 13.07.2012, and as such, he wants to avail the remedies available to him under law for the illegal detention.

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Since the alleged detenu is said to be accused in Crime No.481 of 2012 and in connection with the said crime, he was arrested and produced before the Magistrate, who remanded him to judicial custody, the question of he being illegally detained by

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the respondents does not arise.

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Hence, the Writ Petition is dismissed. No costs.

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________________________ JUSTICE N.V.RAMANA

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____________________________ JUSTICE P.DURGA PRASAD

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30.07.2012 Gsn

Ch. Somaiah, Son of late Narsaiah, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Ch. Somaiah, Son of late Narsaiah, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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