Allowed

Nomula Somamma v. The State of Telangana

Telangana HC5 Feb 2021WP/20410/2020

Case brief

AI extract

What is this about?

High Court allowed a writ petition under Article 226 seeking a writ of Habeas Corpus. The Court quashed a detention order and its confirmation, directing the release of Nomula Venkanna unless required in other criminal cases.

What did the court decide?

Impugned detention order and confirmation order set aside; detenu directed to be released forthwith if not required for other cases.

Nomula Somamma Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2021)

¶1

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

¶2

FRIDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE A,RAJASHEKER REDDY AND THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER

¶5

WRIT PETITION NO: 20410 OF 2020

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Between:

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Nomula Somamma, D/o. Gurrala Mallaiah, Age 55 years, Occ. Agriculture labour, Vardhamanukota Village, Nalgonda Disirict, Telangana State.-

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..,PETITIONER

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AND

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The State of Telangana, Rep. by its Principal Secretary, General Administration (Spl. (Law & Order Dept), Secretariat, Hyderabad, Telangana State.

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The Commissioner of Police, Rachakonda Police Commissionerate Malkajgiri, Hyderabad, Telangana State.

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The Superintendent of Central Prison, Cherlapally, Ranga Reddy District.

¶13

...RESPONDENTS

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Petition under Article 226 of lhe 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/s more particularly one in the nature of Writ of Habeas Corpus declaring the detention order passed by the 2nd Respondent vide No.35/PD-CELL/CCRB/RCKD12020, dated 14.08.2020 as approved by the 1st Respondent in G.O.Rt.No.1575, General Administration (Special Law and Order) Department, dated 20.10.2020 as arbitrary, illegal and unconstitutional and consequently direct the respondents to release the son of the Petitioner Nomula Venkanna, S/o. Anjaiah, aged 43 years, Occ. Business, R/o. Brahmanapally village, Hayathnagar Mandal, Ranga Reddy District, N/ o. H.No. 3-1.12, Tallagadda, Suryapet Town, who is now lodged in Central Prison, Cherlapally.

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Counsel for the Petitioner: SRI B.G.RAJESWAR

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Counsel for the Respondents: AGP for ADDL ADVOCATE GENERAL

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It is ordered as follows:

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

¶19

WRIT P TITION No.2O41 O of 2O2O

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ADVANCE ORDER: (Per Hon'ble Dr.SA,l)

¶21

In the result, the Writ Petition is allowed. The impugned detention order vide No,35/PD-CELL/CCRB/RCKD/2020, dated 14.08.2020, passed by respondent No.2, and the consequential confirmation order vide G.O.Rt,No.1575, General Administration (Spl. (Law & Order)) Department, Government of Telangana, dated 20.10.2020, passed by respondent No.1 are hereby set aside. The respondents are directed to set the detenu, namely Nomula Venkanna, S/o.Anjaiah, at liberty forthwith, if he is no longer required in any other criminal case.

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(Detailed order follows)

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Sd/- L.LAKSHMI^BABU ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Principal Secretary,^{General Administration(spl.(Law & order Dept)'} ' siit" oi i.irinsinr, S6cretariat, Hyderabad' Telangana State'

¶28

2.TheCommissionerofPolice,RachakondaPoliceCommissionerateMalkajgiri' Hyderabad,^{TelanganaState.}

¶29

The Superintendent^{of central Prison, cherlapally,Ranga Reddy District (By} Special Messenger)

¶30

Two CCs to the^{Advocate General, High courtfor the state of Telangana} louTl

¶31

One CC to SRI^{B.G.RAJESWAR, Advocate[OPUC]}

¶32

Two C.D. CoPies.

MRC

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HIGH COURT

DATED:0510212021

ADVANCE ORDER

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¶39

WP.No.20410 of 2020

¶40

ALLOWING THE WRIT PETITION

¶41

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Nomula Somamma v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Nomula Somamma v. The State of Telangana

Case brief

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