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High Court for State of TelanganaWP/24377/2017disposed of no costs

Mohd. Maksood v. The State Of Telangana,

2017-07-252 pages

CVNR, J & JUD, J W.P.No.24377 of 2017 THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE MS. JUSTICE J.UMA DEVI WRIT PETITION No.24377 of 2017 Date: 25.07.2017 Between:

Mohd.Maksood .. Petitioner and 1.The State of Telangana, represented by its Principal Secretary, Department of Home, Secretariat Buildings, Hyderabad, and 8 others .. Respondents Counsel for the Petitioner : Mr.Mohd.Ghulam Rasool Counsel for Respondent Nos.1 to 4 : A.G.P. for Home (TS) Counsel for Respondent Nos.5 to 9 : None appeared THE COURT MADE THE FOLLOWING:

CVNR, J & JUD, J W.P.No.24377 of 2017 ORDER: (Per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This writ petition is filed for issue of Habeas Corpus by directing respondents to produce the brother of the petitioner by name Akber (for short 'the alleged detenu'), S/o Saheb Patel before the Court and set him at liberty.

At the hearing, the learned Assistant Government Pleader for Home (TS) submitted that copies of the purported reports given to respondent Nos.2 to 4 show that they do not contain any seal showing the receipt of such reports by any of the above mentioned respondents.

On perusal of copies of these reports, we find merit in the submission of the learned Assistant Government Pleader for Home (TS). Unless the petitioner files report before the police to enable the latter to set the law into motion, he is not entitled to avail the remedy of Habeas Corpus.

The Writ Petition is accordingly disposed of by permitting the petitioner to give a report to respondent No.4. If such report is given, respondent No.4 shall take appropriate steps in accordance with law to trace the alleged detenu.

__________________________ C.V.NAGARJUNA REDDY, J ________________ J.UMA DEVI, J 25.07.2017 Gsn.