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2003 DIGILAW 1557 (SC)

K. v. Uma Maheshwar Rao VS K. Sujatha

2003-12-04

ARIJIT PASAYAT, DORAISWAMY RAJU

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ORDER : Arijit Pasayat, J. - Heard the learned counsel for the parties. 2. In a petition for habeas corpus a Division Bench of the Andhra Pradesh High Court while recording that the person whose illegal custody was alleged stated on affidavit filed in return that he was a free man and was not in illegal custody of anybody, yet passed an order for payment of Rs. 2,00,000/- to the writ petitioner. We need not go into the finer details dealt with by the High Court in the impugned judgment since the person who was claimed to be in illegal custody pursuant to the rule issued in the matter of habeas corpus himself stated that he was a free man. In that background there was no scope for passing any further orders in the writ petition. The appeal is allowed and the directions given for payment of Rs. 2,00,000/- stands nullified.