The High Court dismissed two writ petitions filed under Article 226 seeking habeas corpus. The Court held that since the alleged detenus were legally remanded to judicial custody on 11.02.2021, no case of illegal detention was made out.
No relief granted; writ petitions dismissed without costs.
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.
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FRIDAY, THE TWELFTH I * t rwo rti b ii'olr,',5 ^i,Bi[?.-ii KrJ
PRESENT
THE HON'BLE SRIJUSTIC
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WRITPETITI NN 5AND3 080 F20 1
Between:
3sJ:tI,".X',x, []Hliv#lftof uffn"'lfilf :#:iR] rfffij oabout 30 years,
AND
...PETITIONER
...RESPONDENTS
Petition under Article 226 of rhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court rly6e pieaieo to issue a writ, order or direction more one in the nature of wRlr oF HABEAS coRPUS directing the Respondents 2 to 5 herein to produce the petitioners relatives namely (1)Anugu Shankar Reddy S/o. Raji Reddy aged 30 years, occ. Business, Narkatpally lr/andal, Venkatapuram Village, Nalgonda district 12; veota shiva Reddy S/o. Linga Reddy aged 20 year, Bendla padu Viilage, Narkatpaily Mandat, Nalgonda Distrrct before this Hon'ble High Court and set them at liberty.
WRIT PETITION NO: 3308 OF 2021
Between:
Zilla Nagi Reddy- S/o. Zilla Sankar Reddy, Aged about 30 years, Occ. Agriculture R/o. H.No. 14-24, Narketpalli Village and lrrlandal Tendal Pahad, Nalgonda District
...PETITIONER
AND
...RESPONDENTS
2
Petitionunder Article 226 of the Constitution of lndia prayingthat in the ;j=;; circumstances ; w;i,.stated in order or tt.r"'rtrlo'lriiiir"Jtherewith,' directionmore one in tl: """Xr,n[T'ff,lflL"ro'iX?iJot3 coRpusdirecting,r," ".Joni"ni.z b s hereinto. producethe petitioners relatives namery(1) chappidi ,,""5Jori)l iiihirn' Reddv aoed 42 vear' Nomula village' t)icr,"ppioi r-avanGw/o, Janareddyaged 37 Nakrekar vears,Nomuta rVlandal, uir '. rrg", Nlki ursono: " 1[;"kr 'rriunour, i .iNalg_onda district (e) Yanala Padma' w/o. Krishnaneoov agJi^';i;;; ildal -PahadNear PallaPahadvillase' Narkatpallytr,4andal,r'rurgnlol-oLtr.i"i't+l Yanala Janareddy S/o KrishnaReddy aoed 35years, Bendal ;;;,;N";; ijutt' punuo village'Narkatpallytr/andal' i,"rb.ii"rlir"i, o"r"i"tlris Hon'nle High courtand set them at libertv'
Counselfor the Petitioner (in bothWPs'): SRIABDUL WAHID BASHA
Counsel forthe Respondents(in both WPs'):
ASSTSTANT GOVERNMENTPLEADERFOR THE ADVOCATE GENERAL
The Court madethe following:ORDER
THE HON'BLE SRI JUS' A'RAJASHEKER REDDY rHE H.N,BL. or. ,,iiE STICE SHAMEEM AKTHER W IT PE TION No .3 29 A D3 3 8 of o2 1
coMMOry oRpER : (Per Hon,ble Dr. Justice Shameem Akther) Writpetition No.3295 of 2027, under Article 226 of the Constitution of India, is filed by the petitioner, seeking the following prai/er:
"to issue a Writ, order or direction more one in the nature of WRIT OF HABEAS CORPUS directing the Respondents 2 to s herein to produce the petitioners relatives namely 1) Anugu Shankar Reddy s/o. Raji Reddy, aged 30 years, Occ: Business Narkatpally Mandat, venkatapuram village, Nalgonda district, 2) Yedla Shiva Reddy S/o Linga Reddy, aged 20 years, Bendta Padu Village, Narkatpalty Mandal, Natgonda district, before this Hon'ble High Court and set them at liberty and pass such other order or orders.,.,,
"to issue a Writ, order or direction more one in the nature of WRIT OF HABEAS CORPUS dir€cting the Respondents 2 to 5 herein to produce the petitioners relatives namety 1) Chappidi Janareddy S/o, Lakhsma Reddy, Aged 42 years, Nomuta village, Nakrekal Mandal, Nalgonda District, 2) Chappidi Lavanya W/o, Janareddy, Aged 37 years, Nomula village, Nakrekal Mandal, Nalgonda District, 3) yanala padma W/o.Krishna Reddy, Aged 32 years, Bendal pahad Near pa a Pahad village, Narkatpally Mandal, Nalgonda district, 4)yanala Janareddy S/o Krishna Reddy aged 35 years, Bendal pahad Near Palla Pahad village, Narkatpally Mandal, Nalgonda district, before this Hon'ble High Court and set them at liberty and pass such other order or orders,,"
We have heard the submissions of the learned counsel for the 3) petitioner, the learned Assistant Government Pleader for Home
ARR J&Dr'SAJ NP Nos3f95andl30E ot202l
l
representingthe learned Advocate Generalfor respondent Nos'1 to 5 in boththe writ petitions and perusedthe record'
The learnedcounsel for the petitionerin both the writ petitions 4) wouldsubmit that in the early morningof04'02'2OZl 'the respondentNos'4 and 5 have taken away the detenusnamely l)AnuguShankar Reddy' 2) Yedla Shiva Reddy' 3)Chappidi Janareddy,4) Chappidi Lavanya'5) YanalaPadma' 6) Yanala lanardhanReddy, from their residence'without intimationto anybodyand without followingdue procedure and illegally detained them, whichamounts to deprivationof life and personalliberty guaranteed underthe Constitution oflndia' Thereafter' the respondentshave registered a falsecase against the detenusand remanded themto judicialcustodyon tL'02'2021'Itis also contended thatlaw laid down by the Hon'ble Supreme Court in D.K.Basu vs. State ofWest Bengall ,has applicationto the facts of the cases on hand andultimately,prayed to grant the relief as indicated above.
'(1997) I scc 4 16
3
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disposed of. Thereshall be no order as to costs'
Miscellaneouspetitions, ifany, pendingin both the writ petitions, shall stand closed
SD/- K.ONESIM ASSISTANT REGISTRAR
//TRUE COPY//
Sr-,,' SECTION OFFICER
To,
o Two C.D. Copies Prk \ "4-:
HIGH COURT
DATED:'121O212021
COMMON ORDER
WP. Nos. 3295 AND 3308 of 2021
E TA
'i 25tEB2021 '(
t,
._'l:
Disposing of the WPs' without costs.
*t6-
1 issue framed by the court
Whether a writ of habeas corpus can be issued when the accused persons are in judicial custody pending trial.
Colour shows how this judgement treated each authority
D.K.Basu vs. State of West BengalReferred¶44
D.K.Basu vs. State of West Bengal
1 provisions across 1 enactments
Zilla Nagi Reddy
The State of Telangana, Rep. by its Principal Secretary, Department of Home
The Superintendent of Police, Nalgonda District
The Deputy Superintendent of Police, Nalgonda
The Station House Officer, Nakirekal P.S.
The Station House Officer, Narketpalli P.S.
Rajashaker Reddy
Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
