The High Court held that the alleged detenu is happily staying with his maternal grandmother. The petitioner is directed to avail appropriate legal remedies under common law if he desires custody. The writ petition for habeas corpus was dismissed.
Petitioner given liberty to pursue common law remedies for custody; writ petition dismissed.
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 HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY
AND
THE HON’BLE SRI JUSTICE T.AMARNATH GOUD
W.P.No.35050 of 2018
Date: 25.10.2018
Between: Abrar Khan Durrani S/o.Late Nasrullah Khan, Aged about 56 years, Occ: Advocate, R/o.T-3, D.No.45-2-16/12, Satyan Kirti Apartments, Yesu Vari Street, Jagannaikpur, Kakinada-2 … Petitioner And
The State of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur district and three others. … Respondents
Counsel for the Petitioner : Mr. M.Damodar Reddy
Counsel for the Respondents: A.G.P. attached to AG (AP)
The Court made the following:
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CVNR,J & TA, J W.P.No.35050 of 2018 Date:25.10.2018
Order : (Per the Hon’ble Sri Justice C.V.Nagarjuna Reddy)
This writ petition is filed for issue of habeas corpus, declaring the action of respondents No.2 to 4 in not properly investigating into the complaint lodged by the petitioner for tracing out the whereabouts of his son Nawaz Sharif Khan Durrani (for short ‘the alleged detenu’) aged 6 years, allegedly in illegal custody and wrongful confinement of unknown persons since 24.09.2016, as illegal and arbitrary.
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CVNR,J & TA, J W.P.No.35050 of 2018 Date:25.10.2018
2018 stands disposed of as infructuous.
(C.V.Nagarjuna Reddy, J)
_____________________
(T.Amarnath Goud, J)
Date: 25th October, 2018
msb
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CVNR,J & TA, J Date:25.10.2018
W.P.No.35050 of 2018
1 issue framed by the court
Whether the son is in illegal custody or with his maternal grandmother.
Abrar Khan Durrani
State of Andhra Pradesh
C.V. Nagarjuna Reddy
T. Amarnath Goud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
