This writ petition seeking habeas corpus for the brother of a missing person was discarded as closed upon submission that the missing individual was an accused in a domestic offence, investigations were underway, and police assured steps to locate him.
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THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND THE HON’BLE SRI JUSTICE GUDISEVA SHYAM PRASAD
Writ Petition No.3401 of 2018
DATED:14-02-2018
Between:
Jannu David … Petitioner And
The Director General of Police Government of Telangana Hyderabad and others … Respondents COUNSEL FOR THE PEITITONER: Mr. M. Venkanna COUNSEL FOR THE RESPONDENTS: Asst. Government Pleader, attached to the Office of the Advocate General (TS)
THE COURT MADE THE FOLLOWING:
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ORDER: (per the Hon’ble Sri Justice C.V. Nagarjuna Reddy)
The brother of one Jannu Raju (hereinafter referred to as ‘the detenu’) field this writ petiton for issue of habeas corpus directing the Police to produce the alleged detenu from the custody of Jannu Kavitha, Keerthinagar, Warangal.
The Inspector of Police of respondent No.3 Police Station filed a counter affidavit wheein it is inter alia stated that his enquiries revealed that the alleged detenu is accused No.1 and the petitioner is accused No.2 in Crime No.193 of 2015 filed by Jannu Kavitha for the offences under Sections 498-A and 506 IPC and Section 4 of the Dowry Prohibition Act, 1961. That as no complaint was given by the petitioner to respondent No.3 till the filing of this writ petition, no case was registered on the missing of the alleged detenu. That after filing of the writ petition, First Information Report was registered on 06.02.2018 at 14.00 hours.
The learned Assistant Government Pleader attached to the office of the Advocate General (TS) submitted that investigation is in progress and respondent No.3 will examine all the witnesses, including Jannu Kavitha, against whom the petitioner made allegation that the alleged detenu may be in her custody. The learned Assistant Government Pleader assured
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that all the necessary steps will be taken to find the alleged detenu.
In the light of the averments in the counter affidavit and the submissions of the learned Assistant Government Pleader referred to above, the writ petition is closed.
__________________________ C.V. NAGARJUNA REDDY, J
___________________________ GUDISEVA SHYAM PRASAD, J 14-2-2018 bnr
1 issue framed by the court
Whether the writ petition for habeas corpus directing production of the detenu from custody should be disposed of.
Jannu David
The Director General of Police, Government of Telangana
C.V. Nagarjuna Reddy
Gudiseva Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
