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High Court for State of TelanganaWP/27080/2016dismissed no costs

Shamshul Hassan, v. The State Of Andhra Pradesh,

2016-08-16Sanjay Kumar,M.Seetharama Murti1 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE SRI JUSTICE M. SEETHARAMA MURTI WRIT PETITION No.27080 of 2016 ORDER: (Per Hon'ble Sri Justice Sanjay Kumar) Sri Deepak Misra, learned counsel for the petitioner, states that though this writ petition was filed vis-à-vis the illegal detention of the petitioner's brother, Badrul Hasan @ Hussain Bhai @ Hassain Bhai @ Badrul Hasan @ Imran Bhai @ Pappu, from 8.8.2016, and seeking a writ of habeas corpus for his production, it came to light, thereafter, that an order of preventive detention was passed by the competent authority on 08.08.2016. Learned counsel would therefore state that no orders are required to be passed in this writ petition. Learned Special Government Pleader appearing for the State however brought to our notice that the order of detention was passed on 08.08.2016 and the petitioner's brother was taken into custody on 09.09.2016.

This aspect of the matter is however disputed by Sri Deepak Misra, learned counsel for the petitioner.

In any event, as it has now come to light that the detention of the petitioner's brother is relatable to an order of preventive detention, no adjudication is warranted in this writ petition. The Writ Petition is accordingly dismissed leaving it open to the petitioner to seek appropriate remedies in accordance with law. No order as to costs.

_______________ SANJAY KUMAR, J ____________________ M. SEETHARAMA MURTI, J 16.08.2016 Vjl