Following submission from the state police, the court asked the petitioner, who is Krishna alias RK's wife, to produce before it any material with regard to him and gave her two weeks.
A division bench of justices C V Nagarjuna Reddy and M S K Jaiswal had earlier directed the Andhra Pradesh government to file counter affidavit informing the court whether RK was in police custody or not, by today while hearing a habeas corpus plea filed last week by RK's wife Kandula Sirisha.
In the habeas corpus petition, RK's wife Sirisha sought directions to the state government to produce the outlaw before the court and to record his statement for appropriate action.
Responding to the petition, Visakhapatnam Rural District Superintendent of Police Rahul Dev Sharma filed an affidavit before the court that the husband is not in the custody of police.
"In fact the records reveal that the husband of the petitioner is a member of the Central Committee of CPI (ML), which is a banned Organisation and there are around 40 cases registered against RK at various police stations of Andhra Pradesh.
The senior police officer further submitted that the incident of exchange of fire has occurred in the territory of Odisha state and requested the court to dismiss the petition.
Referring to the affidavit of AP Police that RK is not in their custody, the court told the petitioner, "In absence of material, if you (petitioner) have any material produce it," after which the petitioner sought time to file reply.
The court then posted the matter after two weeks to enable the petitioner to file material, if any with regard to RK.
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