M AKHILA Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THE petitioners have come to this Court with these petitions complaining that their husbands have been taken into custody by the police and are illegally detained without their production before the Magistrate in accordance with law. The petitioner in complains that her husband, the alleged detainee was taken into custody on 23. 5. 2009, whereas the petitioner in W. P. (C)No. 217/09 complains that her husband was taken into custody in the last week of April 2009. The petitions were admitted and stand posted to this day for response of the respondents.

(2.) THE learned Government Pleader on behalf of the respondents submits that both the alleged detainees are accused in a pending crime. They were taken into custody on 2. 6. 2009. Their arrest has been duly recorded. All legal procedures have been followed. They have been produced before the Magistrate on 3. 6. 2009. In these circumstances, nothing survives for consideration in these Writ Petitions and these Writ Petitions may be dismissed, prays the learned Government Pleader.

(3.) INASMUCH as the alleged detainees have already been produced before the Magistrate after their arrest, we agree that nothing survives in these petitions for issue of writ of habeas corpus. However, we take note of the grievance of the counsel for the petitioners that due procedure has not been followed in the matter of arrest and detention of the detainees. The counsel prays that the option of the petitioners and the alleged detainees to urge all appropriate contentions before the appropriate authorities against their illegal detention prior to 2. 6. 2009 may be left open. Needless to say, this court is not embarking on detailed consideration of all those grievances now. The learned Government Pleader submits that the assertion that the alleged detainees were taken into custody prior to 2. 6. 2009 and were kept in illegal custody is not sustainable.