TIRUPATHI BHARATHI Vs. STATE OF A.P.

JUDGEMENT

(1.) Heard Sri C. Sumon, learned counsel for the petitioner and the learned Advocate General appearing for the respondents.

(2.) On 8/11/2024, the petitioner had approached this Court, by way of a lunch motion, contending that her son Sri T. Lokesh (hereinafter to be referred as "the detenue"), was taken away by persons claiming to be police officials of the 4th respondent-police station, at 11.30 p.m, on 5/11/2024, from her house situated in NTR colony, Bakkannapalem, P.M Palem Post, Pothinamallayapalem, Visakhapatnam District, Visakhapatnam. Thereafter, the relatives of the petitioner are said to have gone to the 4th respondent- police station, for ascertaining the whereabouts of the detenue. The police officials of the 4th respondent had informed, the relatives of the petitioner, that they did not have the custody of the detenue and that the detenue was not present at the police station. The petitioner contends that she had approached this Court, as no intimation was given to her or any family member, regarding the detention of the detenue and as the detenue was not produced before any Magistrate within 24 hours, after detention of detenue under law. When the matter came up for hearing before this Court, on 8/11/2024, the Inspector of Police of 4th respondent police station was personally present in Court and was examined by this Court. The statement given by the Inspector of Police of the 4th respondent police station, on 8/11/2024 is extracted herein below:

(3.) On 11/11/2024, Sri C. Sumon, appearing for the petitioner, stated that there is an error in the affidavit filed in support of the Writ Petition inasmuch as the detenue had been taken away by the police on 6/11/2024 and not on 5/11/2024. The learned counsel for the petitioner as well as the learned Government Pleader had made further submissions which were recorded by this Court, on 11/11/2024, in the following manner: