(1.) The petitioner has filed the present Habeas Corpus petition ostensibly on the ground that his son, Mr. Potti Lokesh Sri Datta, was picked up by the police on 27.11.2019 from Nellore. Ever since then his whereabouts are unknown. Hence, he is being illegally detained by the police.
(2.) Mr. Sripathi Santosh Kumar, the learned counsel for the State, submits that on 25.11.2019, the prosecutrix had lodged a complaint against the detenue, based on which FIR.No.923 of 2019 was chalked out by the Police Station, Madhapur, for offences under Sections 354, 354D, 384 and 506 of the Indian Penal Code. During the course of investigation, the petitioner's son was arrested by the police on 01.12.2019. He has been produced before the concerned Magistrate. The learned Magistrate has sent him to judicial custody. Therefore, according to the learned counsel, at present, the custody of Mr. Lokesh is a legal one.
(3.) On the other hand, the learned counsel for the petitioner submits that the police had, in fact, picked him on 27.11.2019. They have not shown his arrest till 01.12.2019. Therefore, during the period between 27.11.2019 to 01.12.2019, the detenu was kept in illegal detention by the police.