The High Court of Telangana disposed of a writ petition under Article 226 seeking a habeas corpus for two men allegedly illegally detained. The court held that the men were moving freely and not in custody, negating the jurisdiction for the writ.
Writ petition disposed of without direction to produce or release anyone; no relief granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THESTATEOF TELANGANA AT HYDERABAD
(Special Original J urisdiction)
WEDNESDAY, THE THIRD DAYOF FEBRUARY TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRI JUSTICEA.RAJASHEKERREDDY
THE HoNoURABLE DR.1I'?TICE SHAMEEMAKTHER
wRlT PETITION NO: 2319 OF 2021
Between:
CHENNUPATI VIJAYARANI, D/o lnnaiah. Aged about 52 years,occ_Govt Employee. ilo i.No.Z-S-SS/a6, furukapblly,Tirumalagiri, Bollaram, Hyderabad,Telangana State- 5ooo1o
'..PETlrloNER
AND
...RESPONDENTS
Petition under Article226 of lhe constitutionof lndia praying that in the circumstances statedin the affidavitfiled therewith,the High Court may be pleased toissueaWritofHabeasCorpusoranyotherappropriatewrit,ororderordirection, declaring the action ofthe Respondent.No.4and 5 as illegal detentionand consequeny directingthe Respondent.No.l to 5 to produce the petitioner'sslster's husband, Kata Showry, s/oKata Anthaiah, and the petitioner's sister's son K Rohith Sagar, before thisHon',blecourt forthwith and on such productionto release him without any bond or securitY
lA NO: 1 OF 2021
Petition under Section151 CPC prayingthat in the circumstancesstated in the affidavit filedin supportof the petition, the High court may be pleased to grant lnterim Direction toRespondent.No.lto 5 to produce the petitioner's sister's husband, Kata Showry,s/o Kata Anthaiah, and the petitioner's sister's son K.Rohith Sagar, before this Hon'blecourt forthwith and on such productionto release him without any bond or securitY
Counsel for the Petitioner: SRI RAMESH BURA
Counsel for the Respondents: GP FOR HOME
The Court made the following:ORDER
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
AND
THE HON,BLE DT. ]USTICE SHAMEEM AKTHER
WRIT PETITION No.2319 of 2O2t
ORDER: (Per Hon'ble Dr. Justice Shameem Akther)
This Writ Petition, under Article 226 of the Constitution of India,
is filed by the petltioner, wherein, the following prayer is made.
"to issue a Writ of Habeas Corpus or any other appropriate writ, or order or direction, declaring the action of the Respondent No.4 and 5 as illegal detention and consequently directing the Respondent No. 1to 5 to produce the petitioner's sister's husband Kata Showry, S/o Kata Anthaiah and the petitioner's sister's son K. Rohith Sagar, before this Hon'ble Court forthwith and on such production to release him without any bond or security and to pass such order or further orders.., "
ARR. J &Dr s.1J WP No.23l9oI202l
learnedGovernment Pleaderfor Home 4 On theother hand, the respondents,on writtenin stru ction s ' appearingonbehalf of the wouldsubmit that on 23'01'2027' one Redmal Singh of Hyderabad lodgeda report with II TownPoliceStation' Suryapet' stating that his daughter,namely Mintu R Rajputh is missingsince 20'12'2020and that shewas last seenat Rithika Hotel'near Eenadu Office' Surpayet' while shewas leavingin a car bearingregistrationNo'TS-05-FT-5084 with oneRohit Sagar, the allegeddetenuNo'2' Basingon the said report,a casein Crime No'25 of 2O2l has been registered under the head of'WomanMissing'' Duringthe investigation'the complainant statedthat earlier, his daughter left home without informinganybody andassuch,helodgedareportwithBowenpallyPoliceStation' was registered. Secunderabad,and a 'Woman Missing'case Subsequently,the police, Bowenpally'traced his daughterand handedover to her parents' Since then'she was staying in a hostel' Whileso, the complainant received a phone call from his daughteron 20.L2.2020stating that she is at RithikaHotel,near Eenadu Offlce, Whenthe comPlainant went Suryapetand askedhim to come there' downfrom a car bearing there,he found his daughter getting While he wastalking to her, she registrationNo.TS-05-FT-5084 went insidethe hotel on thepremise of attending nature call and thereafterboardedthe said car and left the place The complainant suspectedthe allegeddetenu No'2 to have taken away his daughter' While thematterstood thus'on 30.01.2021, the missingwoman, detenuNos.1 and 2, approachedthe accomPaniedwith the alleged 4th resPondent/Circle Inspector,SurpayetTown Police Stationand stated thatshe is in love with Rohit Sagar' the allegeddetenu No.2. Upon suchinformation, the parents of the woman werecalledto 1I
.tRR..J ,k Ir...1. J tt l' \a )319,)l :t):l
Town Police Station, Suryapet and after talking to her parents, the woman agreed to join her parents. Accordingly, the woman was handed over to her parents and the alleged detenus left the pollce station. The alleged detenus moving freely and they are not in the custody of respondent No.4, Since the alleged detenus were never in the custody of respondent No.4, the question of petitioner finding the alleged detenus in the oFfice of the 4th respondent does not arise. There is no illegal detention as alleged and ultimately prayed to dismiss the writ petition.
6.. Here, it is apt to state that Habeas Corpus is a wrlt 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 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.
SRR.J&DS/1 .:, wP n'o.2319 ol2021
.1
moving freely and they are not detained by anybody, the petitioner has not made out a case for issuance of Writ of Habeas Corpus and as such, the relief sought by her in this writ petition cannot be granted. The learned counsel for the petitioner would submit that the alleged detenus were manhandled by thepolice. If at all there are any omissions and commissions on thepart of thepolice asalleged by the learned counsel For thepetitioner, the victims are entitledto proceed against the offenders/wrongdoers, in accordance with law,
8, With the above observations, this writpetition is disposed of. There shall be no order as to costs.
Miscellaneous petitions, if any,pending in this writpetition,
shall stand closed.
SD/.V.SUDHA
\
ASSISTANT REGIST R //TRUE COPY//
SECTION OFFICER
-\->
HIGH COURT
DATED:0310212021
ORDER
WP.No.2319 of2021
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DISPOSINGOF THE WRIT PETITION WITHOUTCOSTS.
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2 issues framed by the court
Whether the petitioner is entitled to a Writ of Habeas Corpus to direct the police to produce and release the alleged detenus, Kata Showry and K. Rohith Sagar.
Whether the alleged detenus are in illegal detention requiring court intervention under Article 226 of the Constitution.
Chennupati Vijaya Rani
State of Telangana
Director General of Police, Telangana
Superintendent of Police, Suryapet District
Circle Inspector of Police, Suryapet Town Police Station
Station House Officer (SHO), Suryapet Town Police Station
A.RAejashekerreddy
Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
