Dismissed

Maherunnissa v. The State of Telangana

Telangana HC24 Aug 2021WP/19369/2021

Case brief

AI extract

What is this about?

This common order addressed two habeas corpus petitions filed by mothers for their sons arrested in Crime No. 130/2021. The High Court relied on the record showing the subjects were lawfully remanded to judicial custody, holding that no illegal detention existed to warrant the writ.

What did the court decide?

The writ petitions seeking production of the sons in habeas corpus were dismissed with no order as to costs.

Maherunnissa Vs The State of Telangana — Bail and Remand | Telangana HC (2021)

¶1

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

¶2

TUESDAY, THE TWENTY FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE

¶3

PRESENT

¶4

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY

¶5

AND

¶6

THE HON,BLE DT, JUSTICE SHAMEEM AKTHER

¶7

WRIT PETITION NOs. 19369 AND 19370 OF²⁰²¹

¶8

WRIT PETITION NO. 19369 OF 2021

¶9

Between:

¶10

Maherunnissa, W/o Mohd Shaker,^{Age 51 years, OccHousewife,Rlo 10-6-2414'} BadaBazar, Ahmed Nagar, Asif Nagar, Hyderabad.

¶11

...'ET.T,ONER

¶12

AND

¶13

The State of Telangana, Rep. by^{lts Principal Secretary,Home Depafiment,} Secretariat, Hyderabad.

¶14

The Commisdioner of Police,^{Hyderabad, Telangana,Office at Basheerbagh,} Hyderabad.

¶15

The Deputy Commissioner of^{Police,West Zone, Officeat A.C. Guards,} Hvderabad.

¶16

Tlie lnspector of Police, Police Station^{Humayun Nagar, Hyderabad}

¶17

'ONDENTS

¶18

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 an appropriate Writ, Order or Oirection,^{more particularly in the nature of} Writ of Habeas Corpus, directing the respondents^{herein to produce Petitioner'sson} Mohd Taufeeq S/o Mohd Shaker before this^{Hon'bleCourt and grant petitioner.}

¶19

Counsel for the Petitioner: SRI SHAIK SAIFULLAH

¶20

Counsel for the Respondents: SRI MANOJ KUMAR,^{AGP FOR HOME FOR} THE ADVOCATE GENERAL

¶21

WRIT PETITION NO: 19370 OF 2021

¶22

Between:

¶23

Zubeda Beoum. W/o Late Mohammed Osman, Age. 53 years, Occ. Housewife, Rto. 1O-4-7i1t398, Masab Tank, Hyderabad, T.S ...PETITIONER

¶24

AND

¶25

The State of Telangana, Rep. by^{lts Principal Secretary,Home Department,} Secretariat, Hyderabad.

¶26

The Commisdioner of Police,^{Hyderabad, Telangana,Office at Basheerbagh,} Hvderabad.

¶27

The Deputy Commissioner of Police,^{West Zone, Office at A.C' Guards,} Hyderabad.

¶28

The lnspector of Police, Police Station^{Humayun Na9ar, HYderabad.pOruOgrufS}

¶29

Petition under Article^{226 of lhe constitutionof lndia prayingthat in the} circumstances stated^{in the affidavitfiled therewith,the High Court maybe pleased} to issue an appropriate^{writ, order or Direction, more particularly in the nature of} writ of Habeas^{corpus,directingthe respondents herein to produce Petitioner'sson} Mohammed lrfan^{s/o Late Mohammedosmanbeforethis Hon'ble court andgrant} petitioner.

¶30

Counsel for the^{Petitioner:SRI GULAM RABBANI(NOT PRESENT)}

¶31

Counsel for the^{Respondents:SRI MANOJ KUMAR, AGP FOR HOMEFOR} THE ADVOCATE GENERAL

¶32

The Court made the^{following:COMMON ORDER}

¶33

THE HON'BLE SRI JUSTICE^{A.RAJASHEKERREDDY} AND THE HON,BLE DT. JUSTICE^{SHAMEEM AKTHER}

¶34

WRIT PETITION^{Nos.19369 AND 19370 OF 2O21}

¶35

COMMON ORDER:^{(Per Hon'ble Dr. lustice ShameemAkther)}

¶36

W.P.No.1936g ot 202t,^{underArticle 226 of the Constitution} of India, is filed^{by the petitioner, wherein, the followingprayer is} made:

¶37

"... fo lssue an appropriate^{Writ, Order or Direction, more} particutarly in the nature of^{Writ of HabeasCorpus, directingthe} respondents herein to^{producemy son Mohd Taufeeq S/o Mohd} shaker before^{this Hon'ble court and grant his custodY to me' and} to grant such other^{relief as this Hon'bleCourt deems fit and} proper in the circumstances of^{the case"'}

¶38

W.P.No.19370 of^{2021, underArticle 226 of the Constitution} of India, is filed^{by the petitioner, wherein, the following prayeris} made:

¶39

"... to /ssue an appropriate^{Writ, Orderor Direction'more} particularly in the nature of^{Writ of HabeasCorpus, directingthe} respondents herein^{to produce my son MohammedlrfanS/oLate} Mohammed Qsman^{before this Hon'blecourt and grant his custody} to me, and to^{grant such otherrelief as this Hon'ble Courtdeems} fit and^proper in the^{circumstancesof the case'"}

¶40

We have^{heard the submissions of the learnedAssistant} Government Pleader^{for Home appearing on behalf of the} respondents and^{perused the record'}

¶41

There is no representation^{on behalf of the petitioners'}

¶42

On 17.08'2021,^{this Courtwas pleasedto pass the following} order in W.PrNo.19369^{of 202L:}

¶43

¶44

..\Rlt.J & l)r.5A. \ l'.\o:.1936(./ & l9l:0ol lull

I 1

I I

i tit 7

I t

" Hea rd. Perused the record.

¶50

It is brought to the notice of this Court that the alleged detenu is arrayed as A3 in^{Crime No'130 of} 2O2L on the file of Humayun Nagar Police Station, which was registered for the offences^punishable under Sections 302, 7208, 748 r/w 149 of IPC and 25(18)(b) of Indian Arms Act, 1959. The Station House Officer concerned arrested the alleged detenu/A3 on 16.08.2021 and he is likely to be remanded to^judicial custody on 17.08.2027.

¶51

Post on 24.08.2021."

¶52

On 17.08.2021, this Court was pleased to pass the following order in W.P.No.19370 of 2021:

¶53

"Heard. Perused the record.

¶54

It is brought to the notice of this Court that the alleged detenu is arrayed as A5 in Crime No.130 of 2021 on the file of Humayun Nagar Police Station, which was registered for the offences punishable under Sections 302, 1208. L4B r/w 149 of IPC and 25(18)(b) of Indian Arms Act, 1959. The Station House Officer concerned arrested the alleged detenu/AS on 16.08.2021 and he is likely to be remanded to judicial custody on 17.08.2021.

¶55

Post on 24.08.202L."

¶56

During the course of hearing, it is brought to the notice of this Court by the learned Assistant Government Pleader for Home that a case in Crime No.130 of 2O2l on the file of Humayun Nagar Police Station, Hyderabad, was registered against the alleged detenus- Mohd. Taufeeq and Mohammed Irfan, for the offences punishable under Sections 302, 1208, 148 read with 149 I.p.C. and Section 25(18)(b) of Indian Arms Act, 1959. In the said crime, the

¶57

ARR.J & Dr.SA.J W.P.Nos.19369 &^I9370oi202l

¶58

¶59

alleged detenus were^{arrayed as A3 and A5, respectively'The} alleged detenus^{were arrested on 16,08,2021 and remandedto} judicial custody on 17.08.2021.^{They are now lodged ln Central} Prison, Chenchalguda,^{Hyderabad'Therefore,there is no illegal} detention, as^{alleged by the petitioners'}

¶60

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^{beforethe 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 detentlonA writ oF Habeas} Corpus^{cannotbe issued, when a person is not in illegal/unlawful} detention.

¶61

9, In the^{instantcase, as per the submissionsmade by the} learned Assistant^{Government Pleader for Home' the alleged} detenus^{were arrayed as A3 and A5' respectively'in Crime No 130} of 2O2L on^{the file of Humayun Nagar Police Station' Hyderabad'} registered^{for the offences punishable under Sections 302' 1208'} 148 read^{with 149 1.P'C and Section 25(18)(b)of Indian Arms Act'} 1959 and the^{alleged detenuswerearrestedon 16'08'2021 and} remanded to^{judicial custody on 17'08'2021Right now' the} alleged^{detenusare in judicialcustodyin a criminal casepending} against them'^{Now there is no illegal detentionto grant the relief} as sought^{for. If there is any illegal detention as allegedby the} petitioners, that^{is required to be determinedby a competent} Criminal^{Court or Civil Court or both' as the case may be' It is}

¶62

ARR..I & Dr S^'.' i<sup>p{)! I,)l69rt lsj-D0l :l):)

¶63

¶64

tn open to the aggrieved^persons to^{work out the remedies,} accordance with law.

¶65

1O. With the above observations, both the Writ Petitions are

¶66

dismissed. There shall be no order as to costs.

¶67

Miscellaneous petitions, if any, pending ir these Writ

¶68

Petitions, shall stand closed.

¶69

SD/- N.CHANDRA SEKHAR ASSISTANT REGISTRAR ./' //TRUE COPY/I G> ./ SECTION OFFICER

¶70

To,

¶71

One CC to Sri Shaik Saifullah,^Advocate IOPUC]

¶72

Z. iwo CCs to The Advocate^{General, High Court for the Stateof Telanganaat} Hyderabad. [OUT]

¶73

T\ivo CCs to'Gp f6r^{Home, High Courtforthe Stateof Telanganaat Hyderabad.}

¶74

o. SJJc to sn Gulam^{Rabbani, Advocate(oPUC)}

¶75

Two CD Copies. 6. One Spare Copy. N/P DDN \ V

, Ii {

HIGH^COURT

DATED:2410812021

COMMON^ORDER

WP.NOs.19369 AND^{19370 OF 2021}

¶81

1 9. E STAT e
(
l
I
a
I oo '21SEP2C?1
-.

¶82

DISMISSING THE BOTH WRIT PETITIONS WITHOUT COSTS

¶83

"a.$
15

Maherunnissa v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Maherunnissa 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

Smt. Bijju Vs The State of Telangana and 2 others

Dasari Sammakka Vs The State of Telangana and Another

Angadi Uma Vs The State of Telangana and another

Dr. a. Parameswar Naik, Adilabad Dist. and Ano Vs the Commissioner, Ayush Dept., Hyd and 4 Othrs

J.Mahesh Babu and 3 others Vs The State Bank of India and 2 others

Eluri Ravikanth, Vs Bodepudi Aruna