In this Habeas Corpus petition, the petitioner challenged the illegal arrest of her husband without reasons or notice. The High Court noted that he was arrested carrying ganja, produced before a magistrate, and was in judicial custody. No challenge was made to the State's submission that the custody was legal.
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.
High Court for the State of Telangana
The Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan
and
The Hon’ble Sri Justice A. Abhishek Reddy
W.P. No. 4846 of 2020
Date: 04-03-2020
Between:
Lavudya Shailaja
…Petitioner
And
The State of Telangana Rep. by its Principal Secretary (Home) Telangana Secretariat, Hyderabad and 5 others
…Respondents
Counsel for the petitioner: Mr. Ramesh Bura
Counsel for the respondents: Mr. Sripathi Santosh Kumar,
GP attached to the office of the AG
The Court made the following:
HCJ & AAR, J W.P. No. 4846 of 2020 Dt: 04-03-2020
2
Order: (per Hon’ble The Chief Justice Sri Raghvendra Singh Chauhan)
The present Habeas Corpus Petition has been filed inter alia on the ground that the petitioner’s husband, namely Lavudya Veeraiah, s/o Lingaiah, was allegedly taken by the police on 24-02-2020 at 8.00 a.m., without assigning any reasons, and without informing any details to any of the family members.
However, Mr. S. Santosh Kumar, the learned counsel for the State, submits that on 03-03-2020, the petitioner’s husband was arrested in suspicious circumstances, and it was discovered that he is carrying 1½ kg of Ganja. Therefore, F.I.R. No. 87 of 2020 was registered against him at II Town Police Station, Suryapet. Subsequently, he has been produced before the concerned Magistrate, and is presently in judicial custody in District Jail, Nalgonda. Therefore, according to the learned counsel, the present custody of the petitioner’s husband is a legal one, and the present Habeas Corpus petition would not even be maintainable.
The position being taken by the learned counsel for the State has not been challenged by the learned counsel for the petitioner. Obviously, the custody of the petitioner is a legal one.
HCJ & AAR, J W.P. No. 4846 of 2020 Dt: 04-03-2020
3
Therefore, this Court does not find any merit in the present Habeas Corpus petition. Hence, it is, hereby, dismissed.
As a sequel, miscellaneous petitions, pending if any, stand dismissed as infructuous.
(Raghvendra Singh Chauhan, CJ)
____________________
(A. Abhishek Reddy, J)
Dt: 04-03-2020
lur
1 issue framed by the court
Whether a Habeas Corpus petition is maintainable when the petitioner's husband was arrested legally with possession of ganja and produced before a magistrate.
Lavudya Shailaja
The State of Telangana
Raghvendra Singh Chauhan
A. Abhishek Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
