Gollu Balaram Naidu, v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY & THE HON'BLE SRI JUSTICE M.S.K.JAISWAL WRIT PETITION No.21443 of 2017 DATE:- 11-07-2017 Between:

Gollu Balaram Naidu ..... PETITIONER AND The State of Andhra Pradesh, rep.by its Principal Secretary, Home Department, Secretariat, Velagapudi, Guntur District and 4 others .....RESPONDENTS COUNSEL FOR THE PETITIONER : Sri TADDI NAGESWARA RAO COUNSEL FOR RESPONDENTS : AGP for Home (AP) THE COURT MADE THE FOLLOWING:

CVNR,J & MSKJ,J WP.21443 of 2017 THE HON'BLE SRI JUSTI CE C.V.NAGARJUNA REDDY & THE HON'BLE SRI JUSTI CE M.S.K.JAI SWAL WRI T PETI TI ON No.21443 of 2017 ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This writ petition is filed for issue of habeas corpus, directing respondents Nos.3 to 5 to produce the petitioner's son, by name, Gollu Poornachandra Rao (for short "the alleged detenu") before the Court and set him at liberty.

Learned Asst.Govt.Pleader for Home (AP) submitted that a counter affidavit is filed today in the registry. However, it has not reached the file. Be that as it may, he has submitted that the petitioner's son was arrested on 30.06.2017 in connection with Cr.No.93/2017, for the offence under Section 376 (2) IPC and under Section 6 of the Protection of Children from Sexual Offences Act, 2012, on the file of respondent No.5 police station, and that he was produced before the jurisdictional Magistrate on 01.07.2017, who has remanded him to judicial custody. Mr.Taddi Nageswara Rao, learned counsel for the petitioner, submitted that when the alleged detenu was produced before the jurisdictional Magistrate, he has complained to him that he was illegally taken into custody on 20.06.2017, and that he was also ill-treated. He has further submitted that on the complaint of the alleged detenu, the Magistrate has issued a show cause notice to respondent No.5, who has allegedly submitted his response.

In view of the above submissions of both the counsel, the Writ Petition is disposed of as infructuous, however, with liberty to the writ

CVNR,J & MSKJ,J WP.21443 of 2017 petitioner/the alleged detenu to avail appropriate legal remedies for redressal of his grievances, as referred to above. ____________________________ C.V.NAGARJUNA REDDY,J __________________ M.S.K.JAI SWAL,J Date: 11.07.2017 Dsr