BEHARA SHASHIBHUSHAN RAO Vs. STATE OF TELANGANA
LAWS(TLNG)-2020-9-100
HIGH COURT OF TELANGANA
Decided on September 23,2020

BEHARA SHASHIBHUSHAN RAO Appellant
VERSUS
State Of Telangana And Others Respondents

JUDGEMENT

Raghvendra Singh Chauhan, C.J. - (1.)Mr. Behara Shashibhushan Rao, the petitioner, has filed this Habeas Corpus Writ Petition, ostensibly, on the ground that his son, Rajashekar Behara, was picked up by the police of L.B. Nagar Police Station, Ranga Reddy District, in the dead of the night on 17.08.2020 in Visakhapatnam. And ever since then, his whereabouts are unknown. Therefore, the petitioner is of the opinion that his son is being illegally detained either by the police force belonging to L.B.Nagar Police Station, Ranga Reddy District, or by the police force belonging to Markapuram Police Station, Visakhapatnam City and District, Andhra Pradesh.
(2.)Mr. P. Govind Reddy, the learned counsel for the respondent No.4, namely the Station House Officer, Markapuram Police Station, submits that, indeed, on 17.09.2020 the police force of L.B.Nagar Police Station, Ranga Reddy District, had approached the police force of Markapuram Police Station, Visakhapatnam City and District. The alleged detenu was picked up by the police in connection with Crime No. 908 of 2020 registered for offence under Sections 498 and 380 of IPC. Subsequently, the respondent No.4 asked the alleged detenu to submit a bond, and set him free. The alleged detenu was further directed to appear before the Police Station on 18.09.2020. However, he failed to do so. Therefore, according to the learned counsel, the alleged detenu is not in the illegal custody. In fact, he is set free. Therefore, the learned counsel submits that no Writ of Habeas Corpus can possibly be issued by this Court, as the alleged detenu is no longer in an illegal custody.
(3.)Mr. P. Shashi Kiran, the learned counsel for the petitioner, submits that he has received instructions from his party that his party has seen a copy of the bond submitted by the alleged detenu at the Markapuram Police Station.


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