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High Court for State of TelanganaWP/35001/2015dismissed no costs

S.Shanu W/O.Sayyad Shameer Khan v. The State Of Andhra Pradesh Rep.By Its Principal Secretary

2016-08-17Sanjay Kumar,M.Seetharama Murti2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE SRI JUSTICE M. SEETHARAMA MURTI WRIT PETITION No.35001 of 2015

O R D E R

(Per Hon'ble Sri Justice Sanjay Kumar) This writ petition was filed for a Writ of Habeas Corpus to produce the petitioner's husband, Sayyad Shameer Khan, from the alleged illegal detention of the Molakalacheruvu Police Station authorities at Madanpalli, Chittoor District. The Sub-Inspector of Police, Molakalacheruvu Police Station, filed a counter-affidavit stating that the petitioner's husband was arrested on 27.10.2015 in connection with Crime No.47 of 2015 on the file of P.T. Samudram Police Station, Chittoor District. He was thereafter produced before the learned Judicial Magistrate of First Class, Thamballapalli, on 28.10.2015 and remanded to judicial custody.

There was no representation for the petitioner or her counsel when this matter was taken up on 10.08.2016. Despite the counter being placed before the Court on the said date, the matter was adjourned to enable the learned counsel for the petitioner to appear before us. Today, however, the same situation continues and there is no representation for the petitioner or her learned counsel. In the light of the averments made in the counter-affidavit, we are of the opinion that no relief can be granted to the petitioner in the present case in relation to her husband's detention which is shown to be legal. She is however at liberty to take recourse to appropriate remedies available to her in law for release of her husband. The writ petition is accordingly dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

____________________ SANJAY KUMAR, J

___________________________ M. SEETHARAMA MURTI, J 17th August, 2016 PGS