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Judgment
This Writ Petition, under Article 226 of the Constitution of India is filed by the petitioner, wherein, the following prayer is made:
“…to issue an order or orders more particularly one in the nature of Writ of Habeas Corpus directing the Respondents herein to produce the
detenues 1.Mourya Ramesh S/o.Til Singh Occ: Goldsmith aged 25 years, R/o: Chapala market, Mahabubabad Town and District, Detenue No.2
Giddela Durga Prasad S/o.Late Durgaiah, aged about 35 years, Occ:Tractor Driver R/o; Pattipaka Mahabubabad Town and District 3.Nunavath
Vinay S/o. Late Holi aged 28 years, Occ: Mestri, R/o: Sankariya Thanda Mahabubabad Town and District 4. Thupakula Yadaiah S/o. Malsoor aged
about 28 years, Occ: Auto Driver, R/o: pattipaka Mahabubabad Town and District before the Hon’ble High Court and record the statement and
set the detenus at liberty and pass such other order or orders …â€
We have heard the submissions of the learned counsel for the petitioner, the learned Assistant Government Pleader for Home appearing on behalf
of the respondents and perused the record.
In the course of submissions, it is brought to the notice of this Court by the learned Assistant Government Pleader for Home that the alleged detenu
No.1 is arrayed as A3 in Crime No.166 of 2021 of Mahabubabad Police Station, alleged detenu Nos.2 and 4 are arrayed as A1 and A2, respectively,
in Crime Nos.158 and 166 of 2021 of Mahabubabad Police Station and alleged detenu No.3 is arrayed as A3 in Crime No.158 of 2021 of
Mahabubabad Police Station. Crime No.158 of 2021 of Mahabubabad Police Station was registered for the offences punishable under Sections 379
and 411 of I.P.C., whereas Crime No.166 of 2021 of Mahabubabad Police Station was registered for the offences punishable under Sections 457, 380
and 411 of I.P.C. The alleged detenus were arrested on 26.07.2021 and produced before the learned Principal Judicial Magistrate of First Class,
Mahabubabad, on 27.07.2021 and remanded to judicial custody. They are now lodged in sub-jail, Mahabubabad. There is no illegal detention, as
alleged by the petitioner.
Here, it is apt to state that Habeas Corpus is a writ calling upon the person who has illegally/wrongfully detained another, to produce the latter
before the Court, in order to let the Court know on what ground he/she has been detained, and to set him/her free if there is no legal justification for
the detention. A writ of Habeas Corpus cannot be issued, when a person is not in illegal/unlawful detention.
As per the submissions made by the learned Assistant Government Pleader for Home, alleged detenu No.1 is arrayed as A3 in Crime No.166 of
2021 of Mahabubabad Police Station, alleged detenu Nos.2 and 4 are arrayed as A1 and A2, respectively, in Crime Nos.158 and 166 of 2021 of
Mahabubabad Police Station and alleged detenu No.3 is arrayed as A3 in Crime No.158 of 2021 of Mahabubabad Police Station. The alleged detenus
were arrested on 26.07.2021 and produced before the learned Principal Judicial Magistrate of First Class, Mahabubabad, on 27.07.2021 and remanded
to judicial custody. Right now, the alleged detenus are in judicial custody in criminal case/s pending against them. Hence, it cannot be held that there is
illegal/unlawful or unjustifiable detention of the alleged detenus, as alleged by the petitioner. Under these circumstances, no relief as sought by the
petitioner can be granted.However, it is open to the alleged detenus or any aggrieved person to workout the remedies available under law.
With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.