K.Lakshmi Devi. v. The State Of Andhra Pradesh,

The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Sri Justice Gudiseva Shyam Prasad Writ Petition No.20061 of 2018 Date: 19.06.2018 Between:

K.Lakshmi Devi ... Petitioner and The State of Andhra Pradesh Rep. by its Prl.Secretary, Home Dept., Velagapudi Amaravathi, Guntur District and 2 others

...Respondents

Counsel for the Petitioner:

Mr.V.Nitesh Counsel for the respondents:

AGP attached to AG (AP) The Court made the following:

CVNR, J & GSP, J WP.No.20061 of 2018 Dt: 19.06.2018 Order: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed for a Habeas Corpus directing the respondents to produce the petitioner's son by name K.Karthik (for short 'the alleged detenu'), aged 23 years, before this Court and set him free.

At the hearing, Mr.V.Nitesh, learned Counsel for the petitioner, submitted that after filing of this Writ Petition, the Police have registered an FIR against the alleged detenu and produced him before the Jurisdictional Magistrate, who remanded him to the judicial custody.

The learned Counsel further submitted that the Police have kept the alleged detenu in illegal custody from 07.06.2018 till he was produced before the Jurisdictional Magistrate on 15.06.2018. The issue as to whether the Police have kept the alleged detenu in illegal custody, as alleged by the petitioner, needs to be adjudicated based on the evidence to be adduced by both parties. Therefore, the petitioner is relegated to the common law remedies for appropriate relief as regards the alleged illegal custody. Subject to the liberty given to the petitioner and the alleged detenu as above, the Writ Petition is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) _______________________ (Gudiseva Shyam Prasad, J) Dt: 19th June, 2018 lur

CVNR, J & GSP, J WP.No.20061 of 2018 Dt: 19.06.2018