Dismissed

Edla Sathi Reddy, v. The State of Telangana

Telangana HC5 Aug 2021WP/16037/2021

Case brief

AI extract

What is this about?

Petitioner filed a writ of habeas corpus regarding the alleged illegal confinement of his daughter. The court interacted with the detenue, who stated she was living with her father, negating the claim of illegal detention. The petition was dismissed without costs.

What did the court decide?

The writ petition was disposed of with no order passed as there was no illegal or unlawful detention established. No costs.

Edla Sathi Reddy, Vs The State of… — Constitutional and Fundamental Rights | Telangana HC (2021)

¶1

HIGH COURT FOR THE STATE OF^{TELANGANA AT HYDERABAD} . (Special Original Jurisdiction)

¶2

THURSDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE

¶3

PRESENT

¶4

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND

¶5

THE HON'BLE DT. JUSTICE SHAMEEM AKTHER

¶6

wRtT PETITION NO. 16037 0F 2021

¶7

Between:

¶8

Edla Sathi Reddy, S/o. Anji Reddy, Aged. 47^{Years, Occ.-Agriculture, N/o.} Begumpet Village, Rajapei NlIandbl,^{Yadadli-Bhuvanagiri.District,Erstwhile} Naioonla District, Prds6ntly resideng at^{Road No.5, Nagarjuna Colony,} Kus-ha ig uda, Medcha l-tVlalkajsiri District, Erstwhile^{Ranga Reddy} ?l]Jtl.ii,O* a *

¶9

AND

¶10

The State of Telangana, Rep., by it's Principal^{Secretary, Departmentof Home,} Secretariat. Hvderabad.

¶11

The Director General of Police, State of^{Telangana, Lakdikapool,Hyderabad.} 2r) The Commissioner of Police, Rachakonda,^Hyderabad.

¶12

4 The Station House Officer, Kushaiguda^{PoliceStation,Rachakonda} Commissionerate. 5. Baira Ramesh, S/o. llaiah, Aged about.^{22 Yearc, Occ. Not Known,R/o.} Begumpet Village, Rajapet Mandal,^{Yadadri-BhuvanagiriDislrict.}

¶13

Ma-ntraia Suma-n, S/o. Kishtaiah,^{Aged about.25 Years, Occ. Sand Business,} Ryo. Begumpet Village, Rajapet Mandal, Yadadri-Bhuvanagiri.District. 7. Gaddarfieecjhi MahEs, S/a. Venkatesh,^{Aged about. 25 Years, Occ. Private} Employee, Fl/o. Begumpet Village, Rajapet^{Mandal, Yadadri-Bhwanagti} Pistrict. ...RESPONDENTS

¶14

Petition under Article 226 of the Constitution of^{lndia prayingthat in the} circumstances stated in the affidavit^{filed therewith,the High court may be pleased} to issue a writ, order or direction^{one in the nature of a writ of habeascorpus} declaring the inaction of the Respondent^{No.4 in rescuing Petitioners daughterEdla} Snehalatha who is in the illegal^{confinement of the RespondentsNo. 5 to 7 as} arbitrary, unlawful and harmful and^{further direct the RespondentNo.4 to produce} her before this Hon'ble Court and set^herfree.

¶15

lA NO: 1 OF 2021

¶16

Petition under Section 15'1 CPC^praying that^{in the circumstancesstated in} the affidavit filed in suppo'rt of the^{petition,the High court may be pleased to direct} the Respondent No.4 to forthwith^{produce the Petitioner's daughter Edla snehalatha} to produce before this Hon'ble court in the^{interest of justice.}

¶17

Counsel for the Petitioner: SRt GUMMALLA^{BHASKER REDDY (NOT PRESENT)}

¶18

Counsel for the Respondent Nos.^{1 to 4: GP FOR HOME REPRESENTINGFOR} THE ADVOCATE GENERAL

¶19

Counsel for the Respondent Nos.5 to^{7: NONEAPPEARED}

¶20

The Couft made the following: ORDER

¶21

¶22

¶23

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND THE HON,BLE DT, JUSTICE SHAMEEM AKTFIER

¶24

WRIT PETI TION No.15037 oF 2021

¶25

ORDER:^(Per Hon'ble Dr. lustice Shameem Akther)

¶26

This Writ Petition, under Article 226 of the Constittltion of^India,

¶27

is filed by the petitioner, wherein the following^prayer is made:

¶28

"... to issue a writ, order or direction one in the nature of a writ of habeas corpus declaring the inaction of the Respondent No.4 in rescuing Petitioner's daughter^Edla Snehalatha who is in the illegal confinement cf^the Respondents No.5 to 7 as arbitrary, unlawful and trarmful and further direct the Respondent No.4 to^produce her before this Hon'ble Court and set her free and^pass such other order or orders...."

¶29

We have heard the submissions of the learned^Government

¶30

Pleader for Home representing learned Advocate^{General, appearing} on behalf ofthe respondent Nos.1 to 4, and^{perused the record.}

¶31

There is no representation on behalf^{of the petitlorer.}

¶32

Today, when the matter is called,^{learned GovernmentPleader} for Home has^{producedthe alleged detenue-EdlaSneha atha virtually} before this Court from the^office of^{the learned AdditionalAdvocate} General, This Court is^pleased to^{interact with the alleged detenue-} Edla Snehalatha. She stated to this^{Court in clear ternls that she is} 1B years and two months old.^{She completed her 1Oth standard two} years back. Presently, she is residing with her^{fa':her i.e., the} petitioner herein. There is no illegal or unlawful^{detentictn by anyone'}

¶33

w.P No. t60l I oIlL.

¶34

Here, it is apt to state that Habeas Corpus is a writ calling upon

¶35

the person who has illegally/wrongfully detained another, to produce the latter before the Court, in order to let the Court know on what ground he/she has been detained, and to set him/her free if there is no legal justification For the detention. A writ of Habeas Corpus cannot be issued, when a person is not in illegal/unlawful detention.

¶36

In the instant case, the alleged detenue has stated in clear terms that at present she is living with her father i.e., the petitioner herein and there is no illegal or unlawful detention by anyone. In view of the aforesaid statement given by the alleged detenue- Edla Snehalatha, it cannot be said that there is illegal or unlawful detention, as alleged by the petitioner. Under these circumstances, no orders are required to be passed in this Writ Petition. All further proceedings in the Writ Petition are closed.

¶37

Accordingly, the Writ Petition is disposed of.

¶38

Miscellaneous Petitions, if any,^{pending in} this^{Writ Petition}

¶39

shall stand closed. There^{shall be no order as to costs.}

¶40

¶41

SD/.M,MANJULA //rRUE coPY// ASSlsrANr ffilsrnan SECTIOil OFFICER

¶42

To, 1. 9ne^{CC to Sri Gummalla Bh1-sker} Reddy, Advocate [OPUC] 2. Tw9 ccs to Thb Advocate Generar, tilgh court io'ath,J-dtate of relangana at Hyderabad. [OUT]

¶43

1. Two CD Cooies. 4. One Spare bopy.

HIGH COURT

DATED:0510812021

ORDER

WP.No.16037 of 2021

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¶51

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

¶52

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Edla Sathi Reddy, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Edla Sathi Reddy, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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