K Indira, Nalgonda Dist. v. The State Of Ts.,Home,Hyderabad, And 2 Otrs.

HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION No.34519 of 2017 ORDER : (Oral) (Per Hon'ble Sri Justice Suresh Kumar Kait) Vide the present petition, petitioner seeks directions thereby directing the respondents to produce K.Kishore Kumar working as Bank Cashier in Andhra Pradesh Grameen Vikasa Bank (A.P.G.V.B.), Jaffargadh Branch, Warangal District, before this Court and set him at liberty.

2.

Allegation of the petitioner is that the whereabouts of her husband K.Kishore Kumar were not known since 01.09.2017 after he went to Jaffergadh for his duty. Thereafter, on 04.10.2017, they came to know that he was arrested by Narsaraopet II-Town Police. Whereas, in the counter affidavit filed by the 3rd respondent, it is stated that the detenu is Accused No.1 in Crime No.126 of 2017 under Sections 420, 408 and 409 of IPC of Zaffargadh Police Station of Jangaon district. In connection with the said crime, he was arrested on 13.10.2017 and thereafter, produced before III Additional J.F.C.M. at Warangal on 14.10.2017. Thereafter, taken to judicial custody. As stated by the counsel for respondents, now the aforesaid detenu has been released on bail. 3.

Counsel appearing on behalf of the petitioner disputed the facts mentioned above and submitted that on 04.10.2017, the detenu was taken

SKK, J & TA, J W.P.No.34519 of 2017 into illegal custody by the respondents, however, shown as has been arrested on 13.10.2017.

4.

Since the present petition is habeas corpus and the whereabouts of the detenu have been disclosed by the respondents, we hereby dispose of the writ petition by granting liberty to the petitioner, if she has material that her husband was taken into illegal custody on 04.10.2017 but shown as if he was arrested on 13.10.2017, to file appropriate petition before appropriate forum.

5.

Petition is accordingly disposed of. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. ________________________ SURESH KUMAR KAIT, J _______________________ T. AMARNATH GOUD, J 20th December, 2017 ajr