A writ petition under Article 226 seeking a writ of habeas corpus to produce the petitioner's wife was dismissed. The court found no evidence of illegal detention as the detenue stated she was living with her parents voluntarily.
Petition dismissed; no order as to 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.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
IVONDAY, THE NINETEENTH DAY OF APRIL
TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE A, RAJASHEKER REDDY AND
THE HON'BLE DT, JUSTICE SHAMEEM AKTHER
WRIT PETITION NO: 7521 OF 2021
Between:
Chjlukala Sharath Kumar Reddy, s/o Bangar Reddy aged about 24 years, occ. Private Job, r/o H.No., 2-19116, Sai Maruthi Najar-Colony, Boduppat, R.R. District.
...PETITIONER
AND
1 The State of Telangana, rep. by its Principal Secretary, Home Department Secretariat, Hyderabad.
2 The commissioner of Police, Rachakonda commissioner Malkaioiri. Hvderabad. 3 The Assistant Commissioner of police, Uppal Division, Hyderab6"O 4 The Station House-Officer, Medipaily potbb Station Cibe'r;baA R.R.District. M. Mohan Reddy, S/o.Late Pol Reddy aged 45 years, occ. Emolovee in pollce uepartment, R/o H.No. 8-90120tN1 , Dwaraka Nagar Colony, Upplt, R.R.District.
...RESPONDENTS
Petition under Article 226 of rhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or Direction, more particurarry one in the nature of writ of Habeas corpus, directing direction to the respondent porice to produce the wife of the petitioner viz., Smt. M.Nishida Reddy, aged about 23 years who is in the illegal custody of the 5th respondent, before this Honbre court and to handover her to the petitioner.
Counsel for the petitioner: SRI RAMESH MUDDAM
Counsel for Respondent Nos..l to 4: AGp FOR HOME FOR
THE ADVOCATE GENERAL
The Court made the following: ORDER
I/
THE HON,BLESRI JUSTICEA'RA]ASHEKERREDDY AND
THEHON,BLEDT. JUSTICE SHAMEEM AKTHER
ORDER:(PerHon'ble Drlustice ShameemAkther)
ThisWrit Petition, under Article 226 of the Constitution of India' is filedbY the Petitioner'whereinthe following prayer is made:
3.The case of the petitioner'in brief is that he and the alleged detenueare in love with each other and decided to marryand accordinglyfthey requested respondentNo's-father of the alleged detenue,to accept their request'But the respondentNo'5 did not accedeto their requestand so they got married on 09'12'2020at SaraswathiDevi Temple'ManthaniVillage' Near Kollapur X Road' NagarkurnoolDistrict'as per Hindu Rites and Customs'Respondent no.5hading coming to know about the marriage between the petitionerand the alleged detenu' lodged acomplaintwith
W.P.No.752l of
respondent No.4-Station House Officer, Medipally Police Station, or 71.L2.2020, alleging that the petitioner kidnapped the alleged detenue. Basing on the said complaint dated, 11.12.2020, the respondent No.4-Station House Officer brought the brother of the petitioner to the police station, On coming to know the same, the petitioner and the alleged detenue went to the police station of respondent No.4 and even though the alleged detenue expressed her intention to stay back with the petitioner, the respondent No.4Station House Officer handed over the alleged detenue to the respondent No.5. Hence, the present Writ Petition.
ARR,J&Dr.SA,J W.P.No.752l of202l
J
/i
no legaljustificationfor the detention' A writ of HabeasCorpus cannot beissued, when a person is not in illega l/un lawf u I detention'
8 Accordingly,the Writ Petitionis dismissed'
MiscellaneousPetitions, if any, pending in this WritPetition shall standclosed. Tlrere shallbe no order as to costs'
Sd/.B,SATYAVATHI ASSISTANT REGISTRAR //TRUE COPY// .,-
\-/ SECTION OFFICER
To, 1. One CC to Sri RameshMuddam Advocate IOPUC] i. i*6 CC" to tn"AOrocate Oenerat, High Co'urt for ihe State of Telangana.[OUT] 5. iil cci i"'e C r"iHome, HighCouit for the State of Telangana' [oUT] 4. Two CD Copies IVBC "\2'"
HIGH COURT
DATED: 1910412021
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<br>ORDER
WP.No.7521 of 2021
DISMISSING THE WRIT PETITION
WITHOUT COSTS
b \2'
.=-.----
2 issues framed by the court
Whether the stay of the alleged detenue with her parents constitutes illegal detention warranting issuance of habeas corpus.
Whether the petitioner is entitled to habeas corpus relief to produce his wife before the court.
Chjlukala Sharath Kumar Reddy
The State of Telangana
The Commissioner of Police, Rachakonda
The Assistant Commissioner of Police, Uppal Division
The Station House Officer, Medipally
M. Mohan Reddy
A. Rajasheker Reddy
Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
