Abdul Wasee Khan v. The State Of Telangana,

High Court for the State of Telangana The Hon'ble The Chief Justice Raghvendra Singh Chauhan and The Hon'ble Sri Justice A. Abhishek Reddy W.P. No. 19135 of 2019 Date: 20-09-2019 Between:

Abdul Wasee Khan

...Petitioner

And The State of Telangana Rep. by its Principal Secretary Department of Home, Secretariat Buildings Hyderabad and 4 others

...Respondents

Counsel for the petitioner:

Mr. Mohd. Faseehuddin Counsel for the respondents: Mr. Sripathi Santosh Kumar GP attached to the office of AAG The Court made the following:

HCJ & AAR, J W.P. No. 19135 of 2019 Dt: 20-09-2019 Order: (per Hon'ble The Chief Justice Raghvendra Singh Chauhan) The present Habeas Corpus petition has been filed ostensibly on the ground that the petitioner's brother, namely Fazil Khan (for short 'the detenu'), was picked up by the Police on 27-08-2019. Despite the fact that he has been looking for his brother, he is unable to trace his whereabouts. Mr. Sripathi Santosh Kumar, the learned Government Pleader, submits that on 29-08-2019, a complaint was lodged by Mr. Mohammed Tahir at Falaknuma Police Station, wherein he named the detenu as an accused. It is in connection with the said complaint that an FIR, namely FIR No. 265 of 2019, was registered for the offences under Sections 307 r/w 34 IPC and 109 IPC, and the detenu was arrested by the police. The detenu was produced before the judicial officer concerned on 30-08-2019 at 10.00 a.m., and ever since then, he has been in judicial custody. Therefore, according to the learned Government Pleader, the present custody of the detenu is not an illegal one.

The learned counsel for the petitioner has vehemently contended that even if the detenu has been sent to judicial

HCJ & AAR, J W.P. No. 19135 of 2019 Dt: 20-09-2019 custody, even then, his custody with the Police from 27-08-2019 till 30-08-2019 is an illegal one. Suffice it to say, that as on today, the detenu's judicial custody is not an illegal one. Therefore, this Court does not find any merit in the present Habeas Corpus petition. However, in case the petitioner is aggrieved by the alleged illegal custody of the detenu with the police from 27-08-2019 to 30-08-2019, he shall be free to take recourse to the legal remedies available to him.

With these observations, the writ petition stands disposed of.

As a sequel, miscellaneous petitions, pending if any, stand dismissed as infructuous.

_____________________________ (Raghvendra Singh Chauhan, CJ) ____________________ (A. Abhishek Reddy, J) Dt: 20th September, 2019 lur