Dismissed

T. Rajendra Prasad, v. The Station House Officer, Tanakallu Police Station

Telangana HC16 Jul 2008WP/14087/2008

Case brief

AI extract

What is this about?

Petitioner filed a habeas corpus petition alleging illegal detention of his father since June 22, 2008, fearing danger to life. Police countered that he was lawfully remanded on June 27, 2008. The court dismissed the petition at the admission stage finding no merit.

What did the court decide?

The writ petition was dismissed at the stage of admission with no order as to costs.

T. Rajendra Prasad, Vs The Station… — Constitutional and Fundamental Rights | Telangana HC (2008)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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(Special Original Jurisdiction)

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WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND EIGHT

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PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU

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TAKEN UP WRIT PETITION No.14087 of 2008

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Between:

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T. Rajendra Prasad, R/o. Kadiri, Ananthapur District.

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..... PETITIONER

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AND

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1 The Station House Officer, Tanakallu Police Station, Ananthapur District.

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2 The Superintendent of Police, Ananthapur District.

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.....RESPONDENT(S)

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For the reasons stated in the "Telegram" dated 26-06-2008 sent by the Petitioner herein, this Hon'ble Court may be pleased to issue an Order, direction, or a Writ, more particularly one in the nature of Writ of Habeas Corpus directing the Respondents herein to produce the father of the Petitioner, before this Hon'ble Court, who is illegally detained since 22-06-2008 by the police, Tanakallu, Ananthapur District, apprehending danger to his life and set him at liberty forthwith and to pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

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Counsel for the Petitioner : TELEGRAM

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Counsel for the Respondents : THE ADVOCATE GENERAL

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The Court made the following :

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THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU

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TAKEN UP WRIT PETITION No.14087 of 2008

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ORAL ORDER : (per the Hon’ble Sri Justice K.C.Bhanu)

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Heard learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents.

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2. This Writ of Habeas Corpus is initiated at the instance of the petitioner’s telegram, dated 26-06-2008, wherein it is alleged that the father of the petitioner viz., Thumattipalli Narsimhulu, resident of Pullagurlapalli village of Nallamada Mandal, Anantapur District, was illegally detained by the police of Tanakallu Police Station, Anantapur District, since 22-06-2008, and that he is apprehending danger to his life.

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3. A counter affidavit has been filed by the Inspector of Police, Kadiri Rural Circle, Anantapur District, representing the first respondent herein, stating that the alleged detenu is an accused in Crime No.40 of 2008 for the offence punishable under Section 8(1) of the A.P. Public Security Act of Tanakallu Police Station, which was registered on 27-06-2008 and in connection with the above said crime, the alleged detenu was arrested on 27-06-2008 and produced before the Additional Judicial First Class Magistrate, Kadiri, who inturn remanded him to judicial custody on 27-062008. Pursuant to the said order of remand of the learned Magistrate, the alleged detenu is now lodged at District Jail, Anantapur.

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4. In view of the categorical statement made by the Inspector of Police, Kadiri Rural Circle, since the alleged detenu was confined in pursuance of the judicial order of remand passed by the learned Magistrate, the question of issuing Writ of Habeas Corpus does not arise.

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5. For the foregoing, there are no merits in the writ petition and the same is liable to be dismissed.

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6. Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs.

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_______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 16-07-2008 Msr.

..... REGISTRAR

// TRUE COPY //

SECTION OFFICER

1 The Station House Officer, Tanakallu Police Station, Ananthapur District.

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2 The Superintendent of Police, Ananthapur District. 3. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 4. 2 CD copies

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THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU

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TAKEN UP WRIT PETITION No.14087 of 2008

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16-07-2008 (Msr)

T. Rajendra Prasad, v. The Station House Officer, Tanakallu Police Station

Case brief

What is this about?

What did the court decide?

T. Rajendra Prasad, v. The Station House Officer, Tanakallu Police Station

Case brief

What is this about?

What did the court decide?

What the court decided

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