LAWS(APH)-2021-5-30

IN RE: LETTER DATED 15-5-2021 ADDRESSED BY SRI B.ADINARAYANA RAO, SENIOR ADVOCATE. Vs. STATE OF ANDHRA PRADESH

Decided On May 19, 2021
In Re: Letter Dated 15-5-2021 Addressed By Sri B.Adinarayana Rao, Senior Advocate. Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) The present writ petition was taken up by this Court by way of House Motion, based on a letter addressed by Sri B.Adinarayana Rao, learned Senior Counsel on 15.05.2021 at 5.28 p.m. The said letter reads thus:

(2.) A perusal of the letter would indicate that the request appears to be for issuance of Habeas Corpus, as detention of detenu beyond 5.00 PM amounts to illegal detention as his remand was not accepted by the Magistrate. The matter was heard on 15.05.2021 and this court passed an order observing that 'Since the immediate relief, which is now claimed, is the medical examination by a competent Medical Board, we hereby constitute a Medical Board headed by the 'Superintendent of Government General Hospital, Guntur.' The second Member of the Board would be the Head of Department of General Medicine of Government General Hospital, Guntur, while the third Member would be a Government Doctor, nominated by the Superintendent of Government General Hospital, Guntur. These three Doctors shall forthwith examine the accused, who will be produced before them by the Police and the examination of the accused shall be video-graphed by the hospital authorities. The video-graphed cassette should be kept in a sealed cover and be handed over to the Principal District Judge, Guntur District, who in turn shall forward the same to the Vacation Officer of the High Court Mr.M.Nageswara Rao, who shall keep it in safe custody. We further direct that the statement of the accused, if recorded by the Magistrate, as pleaded by the counsel for the petitioner, shall also be kept in a sealed cover and handed over to the Principal District Judge, Guntur, who in turn shall forthwith forward the same to the Vacation Officer of the High Court.' Thereafter the matter was directed to be listed on 16.05.2021 at 12 noon.

(3.) The order passed by this Court was communicated to all concerned by the Vacation Officer. On 16.05.2021 the vacation officer has brought to the notice of this court that he has not received the medical report. Though he has made several calls to the Superintendent, Government General Hospital, Guntur, from 09:13 A.M there was no response from her end. At about 03:46 P.M she responded to his call and stated that they are preparing the report and it will be sent to the District Judge immediately. Then the bench was constituted at 6.00 p.m. and the medical report was received by the Court at 6.30 p.m.