A writ petition for habeas corpus was filed to produce the petitioner's wife. The Court interacted with the detenu, who stated she was living voluntarily with her parents and had taken Khula from the petitioner. Finding no illegal detention, the petition was dismissed.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
IVONDAY, THE TWENTY SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY AND THE HON'BLE DR. JUSTICE SHAMEEM AKTHER
Between:
WRIT PET|T|ON NO: 10701 OF 2021
Syed Adil Ali Bilgirami, s/o. -Sy_ed Ali l,4ohammed Bilgirami Aged 24 years, occ: private service, Rio. H.No. 41-82t12,saduilah Nagar, IrilouliAti. DisiiiaiMedcha['r,,,rJ[iigiri
AND
...PETIT|ONER
1 . The Principal Secretary for Home, Secretariat, Hyderabad, T.S. 2. The Commissioner of .Police, Rachakonda Commissionerdte, Cyberabad, T.S. 3. The Deputy Commissioner of Police, tr,/alkajgiri, lr/edchal Oisirici, T.S. 4. The Assistant Commissioner ofpolice, watkalgiri, IMedchal Distri;t, T.S. 5. The Station House officer, tVatkajgiripolice SiStion Medchat Distriit, T.S. 6. The Station House officer,. Kushaiguda police station Ranga Reddy'Dislrict, T.S. 7. Mr. lVohammed Muneeruddin, S/o. Mr. l\rlohammed Shafe6uddin, Occ. Cenirat Government_Employee, Rl/o. Flat 402, Swathi Arcade, Hi-Tex Lane, Kapra, Hyderabad, T.S.
...RESPONDENTS
Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ or order or direction more particularly writ of Habeas corpus for production and Release/setting free of petitioners wife smt. Hiba Firdous D/o. Mr. lt4ohammed lt/uneerudd in Respondent No.7.
lA NO: 1 oF 2021
Petition under section 151 cPc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the official Respondents Police to produce petitioners wife Smt. Hiba Firdous D/o. Mr. Mohammed l,4uneeruddin in the court and send her back to join petitioners company henceforth.
Counsel for the Petitioner: SRl. SYED NAJMUL HASSAN BAeRt
Counsel for the Respondent Nos.1 to 6: AGP FOR HOME FOR
THE ADVOCATE GENERAL
Counsel forthe Respondent No.7: NONE APPEARED
The Court made the following: ORDER
THE HON,BLESRI JUSTICE A.RAJASHEKERREDDY AND
THE HON,BLEDT. ]USTICE SHAMEEM AKTHER
W P ETITI ON o.1O 70t F202t
ORDERI(Per Hon'bleDr. Justice ShameemAkther)
ThisWritPetition,underArticle226oftheConstitutionofindia, is filed by thepetitioner, whereinthe following prayer is made:
"... to issue a Writ ororder or directionmore particularly Writ of HabeasCorpusfor production and Release/Settingfree of Petitioner's wife Smt'HibaFirdous D/o. Mr. MohammedMuneeruddin RespondentNo'7and pass such other order or orders.,."
z.Wehaveheardthesubmissionsofthelearnedcounselforthe petitioner, the learned AssistantGovernment Plebderfor Home representing learnedAdvocate General, appearingon behalf of the respondent Nos.1 to6, and perusedthe record'
W.P.No.10701 of20L
a family reception and vidayee ceremony, took the alleged detenue to their house. Thereafter, respondent No.7 did not ailow the petitioner to meet the alleged detenu and detained her illegally. Respondent No,7 also lodged false complaints against the petitioner. Hence, the present Writ Petitio n.
3
ARR, J & Dr SA. J W.P.No.l070l ot202l
8 Accordingly, the Writ petition is dismissed.
Miscellaneous petitions, if any, pending in this Writ petition shall stand closed. There shall be no order as to costs.
\
SD/- T.TIRUMALA DEVI ASSISTANT REGISTRAR //TRUE COPY// AD SECTION OFFICER
To,
I. Qn"CC to Sri Syed Najmul Hassan Baqri, Advocate [OPUC] 2. Two CCs to the Advocate General, High Court for the State oi Telangana at Hyderabad. [OUT] 3. Two CD Copies CHR \ .Jy-
HIGH COURT
DATED:2610412021
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ORDER
W.P.No.10701 o12021
DISMISSING THE WRIT PETITION WITHOUT COSTS
@ *("'
2 issues framed by the court
Whether the issuing of a writ of habeas corpus is warranted when the alleged detenu voluntarily resides with her parents.
Whether the alleged detention lacks legal justification given the detenu's voluntary stay and taking of Khula.
Syed Adil Ali Bilgirami
Principal Secretary for Home
Commissioner of Police, Rachakonda
Deputy Commissioner of Police, Malkajgiri
Assistant Commissioner of Police, Malkajgiri
Station House Officer, Kushaiguda
A. Rajasheker Reddy
Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
