← Library
High Court for State of TelanganaWP/35362/2017closed no costs

Smt Priyanka, Hyderabad. v. The State Of A.P.,Home,Amaravati,And 10 Otrs.

2017-12-12Suresh Kumar Kait,U.Durga Prasad Rao3 pages

HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND HON'BLE SRI JUSTICE U.DURGA PRASAD RAO WRIT PETITION No.35362 OF 2017 ORDER: (Oral ) (Per Hon'ble Sri Justice SURESH KUMAR KAIT) Vide the present petition, the petitioner seeks a direction thereby directing the respondents to produce the petitioner's husband Mr.Mahesh Parwal, aged about 28 years, before this Court and set him free.

2. The respondents filed counter-affidavit whereby stated that the detenu is accused in Crime No.247 of 2007 under Sections 420, 379 IPC of Tada Police Station, SPSR Nellore District, registered on 19.10.2017. The said police arrested the detenu on 29.10.2017 and produced him before the Additional Judicial First Class Magistrate, Sullurpet on 30.10.2017 and thereafter, sent him to judicial remand.

3. As admitted by the learned counsel for the petitioner, the husband of the petitioner is now on bail, but she alleges that her husband was detained on 11.10.2017 and shown to have been arrested on 29.10.2017. Therefore, in between, the husband of the petitioner remained on illegal detention.

4. The respondents have denied the allegations made in the present petition. The husband of the petitioner is now on bail. The present petition is filed for a writ of habeas corpus. If there is any grievance over proof regarding the illegal

detention on the part of the respondents, while closing the present petition, we give liberty to file appropriate petition before the appropriate forum.

5. Accordingly, the Writ Petition is closed. There shall be no order as to costs.

Miscellaneous petitions, if any, pending shall stand closed.

___________________________________ JUSTICE SURESH KUMAR KAIT.

___________________________________ JUSTICE U.DURGA PRASAD RAO.

Date : 12-12-2017 anr

HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND HON'BLE SRI JUSTICE U.DURGA PRASAD RAO WRIT PETITION No.35362 OF 2017 12th December, 2017 anr