THE HON'BLE Dr. JUSTI CE SHAMEEM AKTHER AND THE HON'BLE SMT. JUSTI CE JUVVADI SRI DEVI WRI T PETI TI ON No.17553 OF 2022

ORDER:

(Per Hon’ble Dr. Justice Shameem Akther)

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, wherein, the following prayer is made:

“… to issue Writ, order or direction particularly one in the nature of Writ of Habeas Corpus declaring the action of the Respondent No.3 in illegally detaining Mohd. Basheer Ahmed S/o. Mohd. Hyder Khan, aged about 37 years, from 01.04.2022, as arbitrary, illegal, in violation of the Article 21 of the Constitution of India and consequently direct the 3^rd respondent to produce Mohd. Basheer Ahmed before this Hon’ble Court and to pass such other order or orders ….”

2. We have heard the submissions of the learned counsel for the petitioner, learned Assistant Government Pleader for Home representing learned Additional Advocate General appearing for the respondents and perused the record.

3. This Court, vide order, dated 07.04.2022, directed the respondent No.2-Commissioner of Police, Nizamabad, to enquire whether Mohd. Basheer Ahmed, S/o. Mohd. Hyder Khan is detained in VI Town Police Station, Nizamabad or not and file a report. Counter, dated 13.04.2022, is filed by respondent No.2, wherein unlawful/illegal detention of the alleged detenu-Mohd.

Basheer Ahmed, is denied.

4. Learned counsel for the petitioner would submit that the alleged detenu-Mohd. Basheer Ahmed was illegally detained for a period of one week.

5. Whether there was illegal detention of the alleged detenu for a period of one week or not, is a fact in question. At present, the alleged detenu-Mohd. Basheer Ahmed is set at liberty.

6. 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.

7. In view of the submissions made by the learned counsel for both sides, as of now, there is no unlawful or illegal detention of the alleged detenu-Mohd. Basheer Ahmed. The alleged detenu- Mohd. Basheer Ahmed is moving freely and enjoying his personal liberty. If there is any illegal detention, as alleged by the petitioner, it is needless to state that the aggrieved person is entitled to work out the remedies in accordance with law, either on civil side or criminal side, as the case may be. As there is no illegal detention as of now and the alleged detenu-Mohd. Basheer Ahmed is moving freely, no further orders are required to be passed in this Writ Petition.

8. With the above observations, all further proceedings in this Writ Petition are closed.

9. Accordingly, the Writ Petition is disposed of.

The Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs.

______________________ Dr. SHAMEEM AKTHER, J ___________________

JUVVADI SRI DEVI, J Date: 14.06.2022 MD