Ruksana Parveen, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.34062 of 2016 ORDER:

The writ petition is filed by the petitioner seeking a writ of mandamus setting aside the order of the Judicial Magistrate of First Class, Kadapa, under PT Warrant, dated 09.09.2016 in crime No.66 of 2016 on the file of the fifth respondent as illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India.

Heard and perused the material.

Learned counsel for the petitioner submits that the petitioner's husband was remanded to judicial custody on 19.03.2016 in connection with crime No.33 of 2016, and he continued to be in prison on the date of registration of crime, being crime No.66 of 2016, dated 30.06.2016. He further submits that without therebeing any involvement of the petitioner's husband, the present crime is registered against him and that by order, dated 09.09.2016, the Court below directed the Superintendent, Central Prison, Kadapa, to produce the petitioner's husband before the Court below. Hence, he prays this Court to set aside the PT Warrant dated 09.09.2016.

Learned Assistant Government Pleader for Home (Andhra Pradesh) submits that even though during the pendency of the case and during the period of detention, a case can be registered if it is revealed that the person, who is in the prison, has committed the crime. Further, a case can be registered under Section 120-B CrPC and that if it is the grievance of the petitioner that her husband has not committed any crime, it is open to her to challenge the same before the Court which issued the PT warrant to produce the petitioner's husband and not before this Court by invoking Article 226 of the Constitution of India.

Considering the rival submissions, this Court is of the view that, insofar as the procedural aspects and registration of FIR are concerned, the petitioner can agitate the same before the competent Court, where the accused is produced for the purpose of remand on the basis of issuance of PT Warrant.

The writ petition is accordingly disposed of. Consequently, miscellaneous petitions, if any shall also stand disposed of. _____________________ JUSTICE RAJA ELANGO 17.10.2016 pln