Dismissed

Mr. Gentala Hanumanthu v. The State of Telangana

Telangana HC2 Aug 2021WP/16191/2021

Case brief

AI extract

What is this about?

High Court rejected a Habeas Corpus petition filed by a father seeking production of his daughter, alleging she was detained by a police officer. The court dismissed the petition based on the detenue's statement that she voluntarily left home with the respondent to live separately, finding no illegal detention.

What did the court decide?

The Writ Petition under Article 226 seeking a Writ of Habeas Corpus is dismissed.

Mr. Gentala Hanumanthu Vs The State… — Constitutional and Fundamental Rights | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY AND

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THE HON'BLE DR, JUSTICE SHAMEEM AKTHER

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WRIT PETITION NO: 16191 OF 2021

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Between:

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Mr, Gentala Hanumanthu, S/o, late. tr/allaiah, Age. 54 Years, Occ. Daily Wage Worker, R/o. Plot No.72, Road No.13, Gouthami Nagar, Vanasthalipuram, Ranga Reddy District. T's HYderabad-7o

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...PET,,.NER

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AND

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1, The State of Telangana, represented by its Principal Secretary, Department of Home, Secretariat Build ings, Hyderabad.

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The Commissioner of Police, Rachakonda Commissionerate, Hyderabad,^T.S 3. The Asst. Commissioner of Police, Rachakonda Commissionerate,^Hyderabad, TQ

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The Station House Officer, P.S L.B.Nagar, Rachakonda Commissionerate, Hyderabad, T.S

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Mr. Sai Pavan, S/o. Not Known, Rl/o. Nadargul, Meerpet, Balpur^Mandal, HYderabad' T's

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..RESP.NDENT.

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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 pleasedto} issue an Writ order or orders more^particularly one in the^{nature of Writ of HABEAS} CORPUS directing the respondent No.4 herein to^produce he^{detenue namely} Motamani Nagarnani, D/o. Gentala. Hanumanthu,^{Aged about 27 Years,R/o.} Gouthami Nagar, Vanasthalipuram before the Honble Court^{and recordthe statement} of the detenue and basing on her statement^pass appropriate orders.

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Counsel for the Petitioner: SRl. MOSHE MARPU

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Counsel for the Respondents: AGP FOR HOME^FOR

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THE ADDITIONAL ADVOCATE GENERAL

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE A.RA]ASHEKER REDDY

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AND

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THE HON,BLE DT. JUSTICE SHAMEEM AKTHER

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WRIT PETITION No.16191 of 2021

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

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This Writ Petition, under Article 226 of the^{(lonstitution} of india, is filed by the petitioner, who is the father oF the alleged detenue lvlotamani Nagamani, seeking a Writ of llabeas Corpus directing the respondent l'1o.4-Station House Officr:r, L.B. Nagar Police Station, Rachakonda Commissionerate, to produce the alleged detenue before this Court.

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We have heard the submissions of the learn3d counsel For the petitioner, the learned Assistant Government Pleader for Home representing the learned Advocate General for the official respondent Nos.1 to 4 and perused the record.

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The case of the petitioner is that he is the father of the alleged detenue M.Nagamani. The alleged detenur: came to his house along with her son and staying with him sinc-. five years as she has matrimonial disputes with her husband. Ctn 04.07.2021, the detenue went to L.B. Nagar, for labour work and called him and informed that some unknown persons are threat€rning her over phone and since then she did not return back. The petitioner is suspecting the unofficial 5tr' respondent and others regarding disappearance of the alleged detenue. The petiti:ner lodged a complaint with the 4th respondent on the sa Ie day, i.e., 04.07.2027, which was registered as Crime N<t.736/2027 as 'Woman Missing' case. The respondent police neither investigated

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nor arrested the respondent^{No.5, whois a womanizerand failed to} trace out the whereabouts^{of the alleged detenue till date. Thereis} every likelihood of^{endangerto the life and personalliberty of the} alleged detenue and^{ultimately sought the direction as indicated} a bove.

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It is submitted by the^{learned counsel for the petitionerthat} the alleged detenue^{has been traced out but the police concerned} did not take any^{action againstthe respondent No.5,who detained} the alleged detenue.

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On the other^{hand, learned AssistantGovernment Pleader for} Home submitted that^{aftertracing the detenue,her statement} under Section^{164 Cr.P.C'was recorded, whereinshe stated that} she voluntarily left^{the petitioner's house along with respondent} No.5 and she intends to^{live separately.}

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Here, it is apt to state that^{Habeas Corpusis a writ calling} upon 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 beendetained, 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} detcntion

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In the instant^{case, as per the statementof the alleged} detenue, she voluntarily^{left the petitioner's housealongwith} respondent No.5 and she^{intends to live separately.She also stated} that she was not forcefully or^{illegally detainedby anyone' Under} these circumstances,^{no relief as sought by the petitioner can be}

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granted. The Writ petition is devoid of merit arrd liable to be d is m issed .

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(

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B. Accordingly, the writ petition is dismissed. There shail be no order as to costs.

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Miscellaneous petitions, if any, pending in thi:; Writ petition, slr a ll stand closed

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SD/.T.KRISHNA KUMAR ASS STANT GIST R ,TRUE COPY//

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To,

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SECTION FFICER

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1 One CC to Sri l,4oshe lr,ilarpu, Advocate tOpUCl 2 Iy-o_9Cs^{to GP for Home, HighCourt foi} the Siate of Tetarrgana at Hyderabad lourl

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].w9^{ccs to the AdvocateGenerar,High} court for the state of rerangana at Hyderabad. [OUT1 4 Two CD Coriies^' . 5 One Spare Copy CHR

HIGH COURT

DATED:0210812021

ORDER

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W.P.No.16191 of 2021

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DISMISSING THE WRIT PETITION WITHOUT COSTS

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Mr. Gentala Hanumanthu v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mr. Gentala Hanumanthu v. The State of Telangana

Case brief

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What did the court decide?

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