The High Court dismissed a writ petition filed to quash the detention of the petitioner's son, who was accused in a cheating and forgery case and remanded to judicial custody by a Metropolitan Magistrate.
No order passed. The petitioner is at liberty to avail legal remedies if law permits.
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.
THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWELVE
PRESENT THE HON'BLE SRI JUSTICE N.V.RAMANA AND THE HON'BLE SRI JUSTICE P. DURGA PRASAD
W.P.No.23196 of 2012
Between:
Gandamalla Ramulu, S/o Yadagiri
. .Petitioner And
The State of Andhra Pradesh, rep. by its Secretary, Home Department, Hyderabad and others
.. Respondents
HONOURABLE SRI JUSTICE N.V.RAMANA
&
HONOURABLE SRI JUSTICE P. DURGA PRASAD
W.P.No.23196 of 2012
ORDER: (Per. Hon’ble Sri Justice N.V.Ramana)
This Writ Petition is filed seeking a Writ of Habeas Corpus by declaring the action of respondent no.3, SHO, Abids Police Station, Hyderabad, in illegally detaining G. Srikanth, who is stated to be the son of the petitioner, as being illegal, arbitrary and violation of principles of natural justice and consequently direct respondent no.3 to release the alleged detenue.
2. Pursuant to notice issued by this Court, the 3rd respondent-Inspector of Police, Abids Police Station, Hyderabad, filed a detailed counter-affidavit, denying the allegations made by the petitioner, and it is stated that the alleged detenu is accused No.1 in Crime No.237 of 2012 on the file of Abids Police Station, registered for the offence punishable under Sections 420, 468 and 471 of IPC and in connection with the said crime, he was arrested on 27-07-2012, and
produced before the II Addl. Chief Metropolitan Magistrate, Nampally, Hyderabad, who remanded him to judicial custody and he is now lodged in Chanchalguda Prison, Hyderabad.
3. Learned Counsel for the petitioner submitted that the 3rd respondent has registered the aforesaid crime against the son of the petitioner (alleged detenu) only after filing the present writ petition and that the alleged detenu was illegally detained by the 3rd respondent much prior to the date of arrest.
4. Heard learned Counsel for the petitioner and learned Advocate General appearing on behalf of respondents.
5. In view of the averments made in the counter-affidavit of the 3rd respondent, it is apparent that the alleged detenu is accused in the aforesaid crime and he has been arrested in that crime and sent to judicial custody and that he is now lodged at Chanchalguda Prison, Hyderabad. Therefore, this Court is of the view that no orders need be passed in the present writ petition. The petitioner stated that his son was detained much prior to the date of registration of the crime and, therefore, wants to avail the legal remedies available to him under law. The petitioner is at liberty to do so, if the law permits.
6. The Writ Petition is accordingly dismissed. No order as to
costs.
________________________ JUSTICE N.V.RAMANA
______________________________ JUSTICE P. DURGA PRASAD
Dated : 7-08-2012 Nrg
HONOURABLE SRI JUSTICE N.V.RAMANA
&
HONOURABLE SRI JUSTICE P. DURGA PRASAD
W.P.No.23196 of 2012
ORDER: (Per. Hon’ble Sri Justice N.V.Ramana)
Dated : 7-08-2012
Nrg
1 issue framed by the court
Whether the allegations of illegal detention justify granting a writ of Habeas corpus where the detenu is an accused in a criminal case remanded to judicial custody.
Gandamalla Ramulu
State of Andhra Pradesh
G. Srikanth
N.V. Ramana
P. Durga Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
