V.S. Sai Teja v. State of T.S.
Case brief
What is this about?
This single-judge order dismissed a writ petition filed for the release of Rahul Kumar Singh, allegedly in illegal custody, at the admission stage. The court dismissed the petition noting that the detenu was judicially remanded under a registered FIR, rendering the petition non-survivable.
What did the court decide?
The Writ Petition is closed at the admission stage with no order as to costs.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE C.PRAVEEN KUMAR
AND
HON’BLE SRI JUSTICE T.AMARNATH GOUD
WRIT PETITION No. 10771 of 2018
ORDER: (per Hon’ble Sri Justice C.Praveen Kumar)
The present application came to be filed seeking issuance of Writ of Habeas Corpus, directing the respondents to release the detenu by name Rahul Kumar Singh, S/ o. Babban Singh, who is said to be in the illegal custody of the respondents.
- The averments in the affidavit filed in support of the petition show that on 27.03.2018, at about 8 a.m., the respondents, claiming themselves to be SOT police, came to the flat of the detenu and took him into their custody, along with his laptop, cell phone and other personal belongings. Since the whereabouts of the detenu are not known, the present writ petition came to be filed.
- The learned Government Pleader placed on record F.I.R No. 292 of 2018 registered against the alleged detenu on 29.03.2018. According to him, the petitioner is an accused in the above crime registered at Madhapur Police Station for the offences punishable under Sections 406 and 420 IPC. It is stated that in pursuance of the above mentioned crime, the petitioner is arrested and is now remanded to judicial custody.
Issues for consideration
2 issues framed by the court
Whether the Writ Petition seeking release of a detenu from illegal custody requires adjudication given the existence of a remand order.
Whether the petition survives at the admission stage when the detenu is in judicial custody under a registered FIR.
Parties & counsel
- petitioner
Rahul Kumar Singh
- respondent
State of Telangana and Others
Coram
C. Praveen Kumar
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · April
- Registered
- Case no.
- WP/10771/2018
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