Potti Ravi Kumar v. The State Of Telangana

HI GH COURT FOR THE STATE OF TELANGANA THE HON'BLE THE CHI EF JUSTI CE RAGHVENDRA SI NGH CHAUHAN AND THE HON'BLE SRI JUSTI CE A. ABHI SHEK REDDY W RI T PETI TI ON No.2 6 6 9 5 of 2 0 1 9 Dat e: 0 2 .1 2 .2 0 1 9 BETW EEN Potti Ravi Kumar.

... PETI TI ONER AND The State of Telangana, Department of Home, Secretariat, Hyderabad, Rep. by its Special Secretary, and others.

...RESPONDENTS Counsel for the petitioner : Mr. B. Nalin Kumar Counsel for the respondents : Mr. Sripathi Santosh Kumar GP attached to the office of AG Th e Cou r t m ade t h e follow in g:

ORDER: { Per the Hon'ble the Chief Justice Sri Justice Raghvendra Singh Chauhan} The petitioner has filed the present Habeas Corpus petition ostensibly on the ground that his son, Mr. Potti Lokesh Sri Datta, was picked up by the police on 27.11.2019 from Nellore. Ever since then his whereabouts are unknown. Hence, he is being illegally detained by the police.

2.

Mr. Sripathi Santosh Kumar, the learned counsel for the State, submits that on 25.11.2019, the prosecutrix had lodged a complaint against the detenue, based on which FIR.No.923 of 2019 was chalked out by the Police Station, Madhapur, for offences under Sections 354, 354D, 384 and 506 of the Indian Penal Code. During the course of investigation, the petitioner's son was arrested by the police on 01.12.2019. He has been produced before the concerned Magistrate. The learned Magistrate has sent him to judicial custody. Therefore, according to the learned counsel, at present, the custody of Mr. Lokesh is a legal one.

3.

On the other hand, the learned counsel for the petitioner submits that the police had, in fact, picked him on 27.11.2019. They have not shown his arrest till 01.12.2019. Therefore, during the period between 27.11.2019 to 01.12.2019, the detenu was kept in illegal detention by the police.

4.

Heard the learned counsel for the parties.

5.

Needless to say, the legality of the custody has to be seen on the date of hearing of the petition. As of today, the detenu is under judicial custody due to an order passed by the learned Magistrate. Hence, as of today, the custody of the detenu is a legal one.

Therefore, this Court does not find any merit in the present habeas corpus petition.

For the reasons stated above, the writ petition is, hereby, dismissed. As a sequel, miscellaneous petitions, pending if any, shall stand dismissed. There shall be no order as to costs. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ RAGHVENDRA SI NGH CHAUHAN, CJ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A. ABHI SHEK REDDY, J December 2, 2019 DSK