Dismissed

Bonathu Snehalatha v. The State of Telangana

Telangana HC25 Mar 2022WP/12626/2022

Case brief

AI extract

What is this about?

In a writ petition for habeas corpus, the petitioner sought the production of her husband, alleging illegal detention by his parents. The court noted the alleged detenu appeared before the court and stated he was not detained. As no case of illegal detention was made out, the petition was dismissed.

What did the court decide?

The writ petition is disposed of without any order as to costs.

Bonathu Snehalatha Vs The State of Telangana — Telangana HC (2022) — LawSathi Research

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

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FRIDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER AND THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI

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WRIT PETITION NO: 12626 OF 2022

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Between:

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Bonathu Snehalatha, Wo. Bonathu Ravinder FVo.Darvathu Bhukyathnada, Nekkonda, Rediawada,Warangal-506369.

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.,PETITIONER

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AND

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The State of Telangana, Rep.by its Secretary, Home Department, Secrelariat Building.

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The Superintendent of Police, Warangal District, Telangana State.

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Station House Officer, Neckonda Police Station Warangal District, Telangana State.

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Banothu Jethram, S/o Banothu Reddy, 48/1 1, Rajapeta Village, Narsampeta Mandal, Warangal District.

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Banothu Poolamma, W/o Banothu Jethram, 48/1 1, Rajapeta Village, Narsampeta Mandal, Warangal District.

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...RESPONDENTS

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Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nalure of Writ of Habeas Corpus, directing the Respondenls to produce Banoth Ravinder, S/o Banoth Jethram, aged 23 years i.e., Petitioner's husband, before this Hon'ble Court in pursuance of the compliant given by the Petrtioner daled 11112/2021.

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lA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct Respondents to conduct a detailed enquiry lodging FIR and file report before this Hon'ble Court in pursuance of the compliant given by the Petitioner daled 1111212021 .

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Counsel for the Petitioner : SRI MALLU NETHAN REDDY

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Counsel for the Respondents : GP FOR HOME

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The Court made the following : ORDER

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(

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THE HON'BLE DT. JUSTICE SHAMEEM AKTHER AND THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI

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WRIT PETITION No.12626 4F 2O22

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ORDER: (Per Hon'ble Dr. lustice Shameem Akther)

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This Writ Petition is filed by the petitioner seeking a Writ of Habeas Corpus to direct the respondents to produce Banoth Ravinder, S/o. Banoth Jethram, aged 23^years, before this Court, claiming him to be her husband and that he is illegally detained by respondent Nos.4 and 5.

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Heard the learned counsel for both sides and^perused the record.

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This Writ Petition is filed ostensibly on the ground that the alleged detenu, by name Banoth Ravinder, was illegally and forcibly detained by his parents i.e., respondent Nos.4 and 5 h erein.

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On 22.03.2022, it was brought to the notice of this Court that the respondent-police are making efforts to trace out the alleged detenu. Today, the respondent No.3-Station House Officer, Nekkonda Police Station, has produced the alleged detenu-Banoth Ravinder before this Court and this Court is^pleased to interact

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Dr.SA,J^{& JS,J} W .P .No.12626^{ol 2022}

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with the^{allegeddetenu-Banoth Ravinder'He stated to this Court} in clear terms^{that his name is 'Banoth Ravinder" His father's} nameisBanoth]ethram'Heis22yearsold.Heispresently residing^{in a rented house situated near Arts College' Osmania} University,^{Hyderabad,and preparingfor Group-IIexamination'} anyone,^includinghis He has^{not been forciblydetainedby} 5 herein'^{There is no} parents, who are^{respondent Nos'4 and} illegal or^{unlawful detention by anyone'}

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Hqre, it^{is apt to state that HabeasCorpusis a writ calling} upon the^{personwho has illegally/wrongfully detained another' to} produce the^{latterbeforethe Court' in order to let the Courtknow} on what^{ground he/she has beendetained'and to set him/herfree} if there is^{no legal justificationfor the detention' A writ of Habeas} Corpus^{cannot be issued,when a personis not in illegal/unlawful} detention.

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In the^{instant case, the allegeddetenu-Banoth Ravinderhas} stated in^{clear terms that he has not beenforcibly detainedby} anyone,^{including his parents'who are respondentNos'4 and5} herein,^{and there is no illegal or unlawful detentionby anyone'} The statement^{given before this Court by the allegeddetenu-} Banoth^{Ravinder establishesthat he is not forciblydetained by the}

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Dr.SA,J & JS,J J \Y.P.No 12626 ot 2022

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respondent Nos.4 and 5 herein. In view of the aforesaid statement given by the aileged detenu-Banoth Ravinder, it cannot be said that there is illegal or unlawful detention, as alleged by the petitioner' The petitioner claims to be the wife of the alleged detenu-Banoth Ravinder. If there are any marital disputes between the petitioner and the aileged detenu-Banoth Ravinder, those are required to be determined/adjudicated by a family Court or any other competent Court. In the instant case, as no case of illegal detention is made out, no orders are required to be passed in this Writ Petition.

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7 With the above observations, the Writ petition is disposed of.

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Miscellaneous^petitions, if any, pending in this Writ petition shall stand closed. There shall be no order as to costs.

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SD/.K.VENKAIAH ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

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To,

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The Secretary , Sate of Telangana, Home Department, Secretariat Building

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The Superintendent of Police, Warangal District, Telangana State.

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Station House^{Officer, Neckonda Police Station warangalDistrict,Telanganastate.}

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Banothu Jethram,^{S/o Banothu Reddy, 48/11, Rajapeta Village, NarsampetaMandal,} Warangal District.

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Banothu Poolamma. W/o^{Banothu Jethram,48/1 1, Rajapeta Village, Narsampeta} Mandal, Warangal^District.

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One CC to SRI MALLU^{NETHANREDDYAdvocate} IOPUC]

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7.TwoCCstoGPFoRHoME,HighCoUrtfortheStateofTe|angana.[oUT]

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Two CD Copies.

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One Spare Copy

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{

HIGH COURT

DATED:2510312022

ORDER WP.No.12626 of 2022

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DISPOSED OF THE WRIT^PETITION WITHOUT COSTS.

Bonathu Snehalatha v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Bonathu Snehalatha 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

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