MALAN BEE Vs. STATION HOUSE OFFICER BIBINAGAR

JUDGEMENT

(1.) The Sessions Judge, Nalgonda will nominate one Magistrate to enquire into the specific question whether the alleged detenu Syed Ahmed S/o. Syed Riyazuddin was arrested by the police on 22-6-1996 or 7-7-1996 in connection with crime No. 30/96 of Bibinagar police station. The report should be submitted to this Court within four (4) weeks from the date of receipt of a copy of this order. The Magistrate should examine all the persons concerned, whose statements would be relevant for determining the question. While recording the statements, the Magistrate shall permit the other side to cross-examine the witnesses. Call On 19-9-1996. Syed Shah Mohammed Quadri & R. Bayapu Reddy, JJ. W.P.M.P.NO. 23073 of 1996 - Decided on 23-9-1996. ORDER This is an application filed by the petitioner in W.P. No. 13329/96 to direct the learned Addl. Judl. 1st Class Magistrate, Bhongir to examine other witnesses and proceed with the enquiry and a direction to hold enquiry in any place of the twin cities of Hyderabad or Secunderabad and for furnishing copies of the statements free of cost.

(2.) The learned Counsel for the petitioner urged two points before us. The first point is that the learned Magistrate is not recording the evidence of some of the witnesses who are relevant and one of them was even a co-accused along with the petitioner, on the ground that the names of the witnesses are not mentioned in the affidavit. It may be relevant to note here the order of this Court dt. 5-8-1996. The order inter alia recites: "The Magistrate should examine all the persons concerned, whose statements would be relevant for determining the question." In view of the above direction of this Court, we are unable to accept the contention of the learned Counsel. No order passed by the learned Magistrate is placed before us. We have no doubt that the learned Magistrate would comply with the said direction.

(3.) The second contention is that in view of the behaviour of the police, the petitioner apprehends that the witnesses will not speak to the facts before the learned Magistrate. In support of that contention, no specific averments were found in the affidavit. The petitioner, however filed an additional affidavit today. What all is stated in the said affidavit is that as the police officers were coming to her place for identifying the house of her Counsel, the witnesses are not ready to depose against the police. We are unable to accept the ground; merely because the police officials have come to the house of the petitioner for identifying the house of the Advocate to hand over a letter intimating the date of enquiry, no inference can be drawn that the police officers are preventing the witnesses from deposing in the matter. We, therefore, find no merit in this W.P.M.P. 5. The Writ Petition Miscellaneous Petition is accordingly dismissed. Writ Petition No. 13329 of 1996 - Decided on 17-12-1996. ORDER (Per Sri Syed Shah Mohammed Quadri, J.) The Petitioner filed this petition praying for a writ of habeas corpus directing the respondents to produce 'Syed Ahmed', S/o. Syed Riyazuddin before this Court and to set him free. It is alleged in the petitioner that the detenu left the house on22-6-1996 at about 10.00 A.M. with his auto No. A.P.9T 2763 meant for hire and took passengers from Chandrayanagutta to L.B. Nagar. He was forcibly taken by certain persons to Bibinager. There the passengers took some articles from the nearby factory and loaded them in the auto. On the way seeing the police, the passengers ran away. In that connection some persons came in a jeep and took away her another son by name Akram, and released him after five days when she approached the Dy. Superintendent of Police, Nalgonda District on 28-6-1996. She was informed that the alleged detenu was involved in a case relating to 'Tiger Skin' and that unless the real culprits are arrested he would not be released. 2. After the issuance of rule nisi on 10-7-1996, the respondents filed counter- affidavit. The first respondent stated that the alleged detenu was arrested on 7-7-1996 by the Inspector of Police, Bhongir Circle in connection with Crime No. 30/96 under Sections 457 and 380 I.P.C. of Bibinager Police Station. The alleged detenu was produced before the Additional Judicial First Class Magistrate, Bhongir on 8-7-1996 and the learned Magistrate remanded the alleged detenu to judicial custody. 3. The second respondent, Sub-Inspector of Police, Bibinagar Police Station stated the circumstances leading to the registry of Crime No.30/96 referred to above. He states that during the course of investigation on 7-7-1996 at about 7.00 P.M. at Bibinagar Bus Stand while he and the Inspector of Police were checking the vehicles, an autorickshaw bearing No. AP 9T 2763 containing two gunny bags with driver and another person sitting at the back side of auto rickshaw came to Bibinagar Bus Stand. On interrogation, the driver stated his name as Syed Ahmed, S/o. Riyazuddin and confessed to have committed the crime. Meanwhile, the person sitting in the back seat got down and ran away. The second respondent admitted having arrested the accused but the date of the arrest was given as 7-7-1996 and it is submitted that the detenu was produced before the concerned Magistrate on 8-7-1996. A reply affidavit was also filed reporting the facts stated in the writ petition.