Petitioner filed a habeas corpus petition to produce his son and set him at liberty. The Court found the son was not detained, and disposed of the petition as infructuous but granted liberty for legal remedies.
Petition disposed of as infructuous; liberty granted to petitioner's son to avail appropriate legal remedies.
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THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY & THE HON’BLE SRI JUSTICE T.AMARNATH GOUD
WRIT PETITION No.37962 of 2018
DATE: 23-10-2018
Between: Katike Imam Saheb AND The Station House Officer, III Town Police Station, Kurnoo, Kurnool District and 4 others
..... PETITIONER
.....RESPONDENTS
COUNSEL FOR THE PETITIONER : Sri P.NAGENDRA REDDY
COUNSEL FOR RESPONDENTS : Asst.Govt.Pleader, attached to
ADVOCATE GENERAL (AP)
THE COURT MADE THE FOLLOWING:
CVNR,J & TA,J WP.37962 of 2018
2
THE HON'BLE SRI JUSTI CE C.V.NAGARJUNA REDDY & THE HON’BLE SRI JUSTI CE T.AMARNATH GOUD WRI T PETI TI ON No.37962 of 2018
ORDER: (per Hon’ble Sri Justice C.V.Nagarjuna Reddy)
This writ petition is filed for issue of habeas corpus to direct the respondents to produce the petitioner’s son, by name, Katike Naseeruddin Basha @ Chicken Basha (hereinafter referred to as “the alleged detenu”) before the Court and set him at liberty.
At the hearing, the learned Asst.Govt.Pleader, representing the learned Advocate General (AP), on instructions, submitted that the alleged detenu was not arrested at any point of time. However, Mr.P.Nagendra Reddy, learned counsel for the petitioner, submitted that after the filing of the writ petition, the alleged detenu was released by the police and that he may be given liberty to avail appropriate legal remedies against his illegal detention.
In view of the fact that the alleged detenu is not under the detention of the respondents, the Writ Petition is disposed of as infructuous, however, with liberty to the alleged detenu, in terms of the prayer made.
____________________________ C.V.NAGARJUNA REDDY,J
_____________________ T.AMARNATH GOUD,J
Date: 23.10.2018 Dsr
1 issue framed by the court
Whether a writ petition for habeas corpus is maintainable when the alleged detenu is not under detention.
Katike Imam Saheb
The Station House Officer, III Town Police Station, Kurnoo
4 others
C.V.NAGARJUNA REDDY
T.AMARNATH GOUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
