(1.) Heard Mr. Yemmiganur Soma Srinath Reddy, learned counsel for the petitioner and Mr. Swaroop Oorilla, learned Special Government Pleader, appearing on behalf of the learned Advocate General, for the respondents.
(2.) The present is a second writ petition seeking for issuance of a Writ of Habeas Corpus by the same petitioner, and by way of the present writ petition the petitioner herein seeks for production of the four detenus viz., Thallapally Srinivas Goud,Thallapally Sai Sharath, Thallapally Sai Rohith and Palavalasa Siva Saran. This writ petition has been filed substantially on two questions of law, which are:-
(3.) The aforesaid four detenus are said to be accused and arrested for the offences punishable under Sec. 406, 420 read with 120B of the Indian Penal Code, 1860 (for short 'IPC') and Sec. 5 of the TSPDFE Act. The petitioner on an earlier occasion had filed another writ petition seeking for issuance of a Writ in the nature of Habeas Corpus i.e. Writ Petition No.21034 of 2024. When the said writ petition was filed, the grounds raised in the present writ petition were not available and it was filed at the stage of their apprehension itself and subsequently when the matter came up for hearing, the said writ petition was disposed of in the light of the submissions made by the learned Government Counsel as regards the official arrest of the four detenus being made and they being sent on judicial remand vide order dtd. 2/8/2024. The said writ petition was rejected on the very same day i.e. on 2/8/2024 itself. That subsequently after obtaining necessary documents and records, the present writ of Habeas Corpus has been filed raising two substantial questions of law which have been framed in the beginning of this order.