Dismissed

Smt. P. Sujitha v. The State of Telangana

Telangana HC5 Aug 2021WP/18055/2021

Case brief

AI extract

What is this about?

The High Court of Telangana dismissed a writ petition for habeas corpus filed by a wife seeking the release of her husband and three associates. The Court held that since the men were lawfully produced before a Magistrate and remanded to judicial custody in a criminal case, their detention was legal and not a ground for issuing habeas corpus.

What did the court decide?

Petitioner's prayer for habeas corpus, initiation of contempt proceedings, and award of damages was dismissed. No order as to costs.

Smt. P. Sujitha Vs The State of Telangana — Contract and Commercial Disputes | 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. 18055 0F 2021

¶7

Betwee n:

¶8

Smt. P. Sujitha, W/o. Sri. Ambadipudi Sai Vishwachaitanya^{Aged 33 Years,..Occ} House Wlfi:, R/o. Sri.Sai Mansi Maha Samsthan^{Aashram, AzmapuramVillage,} Peddaadiserlapally Mandal, Nalgonda District, Telangana^State-

¶9

?33???r,or

¶10

AND

¶11

1 The State of Telangana, Rep. by its Principal Secretary,^{Home Department,BRK} Bhavan, Hyderabad,. TS.

¶12

2 The Direct6r General of Police, Telangana State,^{Lakdikapool,Hyderabad.} 3 The Superintendent of Police, Nalgonda District,^Telangana. 4 The Additional Supenntendent of Police, Nalgonda^{District,Telangana.} 5 The Deputy Supeiintendent of Police, Nalgonda^Town -Division,^Telangana - 6 The Station House Officer, One^{Town Police Station, Nalgonda Town,} Telangana

¶13

...RESP.NDENT'

¶14

Petition under Article 226 of the^{constitutionof lndia prayingthat in the} circumstances stated in the affidavit^{filed therewith,the High court may be pleased} to issue an appropriate writ, order^{or direction more particularlyone in the nature of} "wRlT oF HABEAS CORPUS', directing the respondents to^{producepetitioners} husband by name Sri. Ambadipudi^{Sai Vishwachaitanya S/o. Ambadipudi} Venkateswara Sharma, Age 50, and^{his three associates namelySri. G. Goutham,} age 26, resident of Kalyandurgam^{Telangana' Sri. Srujan, age 29, residentof} Khammam Telangana, sri. Vijay age^{25, resident of Kalvakurthi who were picked up} at 2.30 P.M on 3OlO7l2O21 from Sri^{Sai l,4ansi MahaSamsthanAashram,} Azmapuram Village, Peddaadiserlapally,^{NalgondaDistrict, and set themat liberty} forthwith and consequently^{to initiate contemptproceedings againstthem and also} to award damages for infringing^{their personal libertywithout any reason'}

¶15

Counsel for the Petitioner:^{Dr. J' VIJAYALAXMI}

¶16

Counsel for the Respondents:^{GP FOR HOME}

¶17

The Court made the following:^ORDER

¶18

THE HON'BLE SRI ]USTICE A,RA]ASHEKER REDDY AND THE HON,BLE DT. JUSTICE SHAMEEM AK.THER WRIT PETITION o.18055 OF 2021

¶19

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

¶20

This Writ Petition, under Article 226 of the (-onstitution of India is filed by the petitioner, wherein, the follorving prayer is made:

¶21

"... to issue an appropriate writ, order or direction more particularly one in the nature of "WRIT OF HABEAS COR7US, directing the respondents to produce petitioner's husband by name Sri. Ambadipudi Sai Vishwachaitanya S/o Ambadipudi Venkateswara Sharma, Age 50, and his three associates namely Sri G. Goutham, a?e 26, resident of Kalyandurgam Telangana, Sri, Srujan, age 29, resident of Khammam Telangana, Sri. Vijay, age 25, resident of Kalvakurthi who were picked up at 2:30^o,M on 3007-2021 from "Srl Sal Mansi Maha Samsthan Aashram,,, Azmapuram Village, Peddaadiserlapa lly, Nalgonda Distnct, and set them at liberty forthwith and consequently to initiate Contempt proceedings against them and also to award da,nages for infringtng thetr personal liberty without any reason ano pass such other and further order/orders ..."

¶22

2, We have heard the submissions of the learnr:d Government Pleader for Home appearing on behalf of the respondents and perused the record.

¶23

There is no representation on behalf of the petitioner.

¶24

Learned Government Pleader for Home, on written instructions, dated 04.08.2021, would submit that il case in Crime No.301 of 202t on the file of Nalgonda I Town police Station, Nalgonda, was registered against the alleged d 3tenus for the offences punishable under Sections 386, 406, 42C and 506 read with 34 I.P.C. in the said crime, the alleged detenLrs were arrayed

¶25

2 ARR,J & Dr.SA,J w.P.No.l8055 of 2021

¶26

as A1 to A4. The alleged detenus^{were taken into custodyon} 03.08.2021 and^{producedbefore the ludicial Magistrateof First} Class, Nalgonda, on the same day and^{the learnedMagistrate} remanded them to^judicial custody.^{They are now lodgedin} District Jail, Nalgonda. There^{is no illegal detention,as allegedby} the^petitioner.

¶27

Here, it is apt to state that^{Habeas Corpusis a writ calling} upon the^person who^{has illegally/wrongfu lly detained another,to} produce the latter before the Court, in order to^{let the Courtknow} 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/unlawfuI} detention.

¶28

In the instant case, as^{seen from the material placedon} record and the submissions^{made by the learnedGovernment} Pleader for Home, the alleged^{detenus were arrayed as A1 to A4 in} Crime No.307 of^{2027 on the file of Nalgonda ITownPolice} Station, Nalgonda,^{registered for the offences punishableunder} Sections 386,406,^{420 and 506 read with 34 I.P.C' and the alleged} detenus were apprehended^{by the police on 03'08'2021 and} remanded to^judicial custody.^{Right now, the alleged detenusare} in^judicial custody^{in a criminal case pending againstthem' Hence'} it cannot be held that there^{is illegal/unlawfulor unjustifiable} detention of the^{alleged detenus,as allegedby the petitioner'} Under these circumstances,^{no relief as sought by the petitioner} can be^granted.

¶29

ARR,J & Dr.SA.J \r'.P.Nu. I t{055 oi20l I

¶30

7, Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

¶31

Miscellaneous petitions, if any, pending in this Writ Petition,

¶32

shall stand closed.

¶33

¶34

SD/.B.SATYAVATHI ASSISTANT REGI TRAR //TRUE COPY' SECTION OFFICER

¶35

To, 1 One CC to Dr. J. Vijayalaxmi, Advocate IOPUC] 2 Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad. louTl 2 Two CD Copies. 4. One Spare Copy.

IVP

HIGH COURT

DATED:0510812021

ORDER

WP.No.18055 of 2021

1 6E TA ra,
q
r)
J 10 1 sEP2021
*
t

¶43

DISMISSING THE WRIT PETITION WITHOUT COSTS

¶44

¶45

m r rO\u €_,,^-, a\ 29

Smt. P. Sujitha v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Smt. P. Sujitha 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

Coram

Case details

Similar cases

K. Nagabhushanam and another Vs M/s. Via Rd 2 and 2 others

R.K Polymers Vs Prithvi Asset Reconstruction And Securitization Company Limited

Spider Photo Studio and 5 Others Vs Prthvi Asset reconstruction And Securitisation company Limited (Paras) and Another

Edla Sathi Reddy, Vs The State of Telangana

Smt. Sneha Singh Vs The State of Telangana and 2 Others

Bukhari Kishen Rahul Singh Vs The State of Telangana