Dismissed

Gopal Das Soni v. The Government of Andhra pradesh

Telangana HC20 Jul 2012WP/20891/2012

Case brief

AI extract

What is this about?

In a habeas corpus petition seeking release of the petitioner's son and brothers alleged to be illegally detained and tortured, the High Court of Andhra Pradesh dismissed the writ. Relying on a counter-affidavit, the Court found the detenus were arrested for a cognizable offence, granted bail, and the case subsequently settled, negating any claim of illegal detention.

What did the court decide?

No order is necessary; the writ petition is dismissed.

Gopal Das Soni Vs The Government of Andhra pradesh — Bail and Remand | Telangana HC (2012)

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THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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(Special Original Jurisdiction)

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FRIDAY, THE TWENTIETH DAY OF JULY TWO THOUSAND AND TWELVE

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PRESENT

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THE HON'BLE SRI JUSTICE

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N.V.RAMANA

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AND

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THE HON'BLE SRI JUSTICE P.DURGA PRASAD

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W.P.No.20891 of 2012

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Between:

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Gopal Das Soni, S/o Sri Ram Soni and 2 others. … Petitioners

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And

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The Government of Andhra Pradesh, represented by its Principal Secretary to the Home Department, Secretariat, Hyderabad and 3 others.

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.. Respondents

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HONOURABLE SRI JUSTICE N.V.RAMANA AND HONOURABLE SRI JUSTICE P.DURGA PRASAD

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W.P.No.20891 of 2012

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ORDER:

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(Per. Hon’ble Sri Justice N.V.Ramana)

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This Writ Petition is filed seeking a Writ of Habeas Corpus directing the respondents to produce the son of the 1^st petitioner namely Kailash Soni, aged 27 years, and husbands of the 2^nd and 3^rd petitioners namely Nizar Patni, aged 25 years, and Nanras Patni, aged 23 years, respectively, who have been illegally detained and tortured by the 4^th respondent herein, before this Court and to set them at liberty.

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Pursuant to notice issued by this Court, the 4^th respondentInspector of Police, Panjagutta Police station, Hyderabad, filed a detailed counter-affidavit, denying the allegations made by the petitioners, and it is stated that alleged detenus 1 and 3 are accused Nos.1 and 2 in Crime No.538 of 2012 on the file of Panjagutta Police Station, Hyderabad, registered for the offence punishable under Section 379 of I.P.C. and in connection with the said crime, they were arrested on 13.07.2012 and produced before the XIV-Additional Chief Metropolitan Magistrate, Nampally, who remanded them to judicial custody. It is further stated that pursuant to the remand order, the alleged detenus 1 and 3 were lodged at Central Prison, Chenchalguda, Hyderabad, and they were enlarged on bail and subsequently the case against them ended in compromise and a compromise award was passed by the learned Magistrate on 14.07.2012. It is further stated that so far as alleged detenu No.2 is concerned, on 13.07.2012 he was called to the

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police station for the purpose of enquiry in connection with the aforesaid crime and thereafter he was let off on the same day as no prima facie case is made out against him and as of now he is moving freely.

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Heard learned Counsel for the petitioners and learned Advocate General appearing on behalf of respondents.

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In view of the averments made in the counter-affidavit of the 4^th respondent, it is apparent that alleged detenus 1 and 3 are accused in the aforesaid crime, they have been arrested and sent to judicial custody and subsequently the case against them ended in compromise and a compromise award was also passed by the learned Magistrate and that no case is made out against alleged detenu No.2 and he is moving freely as of now. Therefore, the question of respondents detaining the alleged detenus illegally does not arise. Consequently, this Court is of the view that no orders need be passed in the present writ petition.

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The Writ Petition is accordingly dismissed. No order as to costs.

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________________________ JUSTICE N.V.RAMANA

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__________________________ JUSTICE P.DURGA PRASAD

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20.07.2012 Gsn

Gopal Das Soni v. The Government of Andhra pradesh

Case brief

What is this about?

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Gopal Das Soni v. The Government of Andhra pradesh

Case brief

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