Dismissed

Smt.Shabana Yasmeen v. The State of Telangana and 4 others

Telangana HC17 Jun 2022WP/23680/2022

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking habeas corpus against the illegal confinement of the petitioner's son, Mr. Ahmed Mohiuddin. The Court held that the petition was infructuous because the detained individual had attained majority, rendering the plea for release inalienable by this court, and directed the respondent to pursue legal remedies.

What did the court decide?

Motion to have the detenue released was dismissed as the petition was infructuous due to the detenue being a major.

Smt.Shabana Yasmeen Vs The State of… — Constitutional and Fundamental Rights | Telangana HC (2022)

¶1

HIGH COURT FOR THE STATE OF TELANGANA: AT HYDERABAD (Speciat Original Jurisdiction)

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FRIDAY ,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTYTWO

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PRESENT

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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: 23680 OF 2022

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Between:

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Smt Shabana.Yasmeen, D/o Dr. Khajayousufuddin, Aged about 49 years. Occ Housewife, R/o. H. No.'1 0-2-3-S0t7, Fl;t No.303, pramoE Apa rtments,' Asifnagar, Hyderabad-28-TS

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...PETITIONER

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AND

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The State of Telangana, Rep. by its principal Secretary, Home Department, Secretariat Buildings, At Hyderabad

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2 The Commissioner of Police, Basheerbagh, Hyderabad-TS 3 The Deputy Commissioner of police, West Zone, Hyderabad_TS 4 The lnspector of Police, Panjagutta police Station, panjagutta, Hyderabad_TS

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5 lvlr.AhmedMohiuddin, S/o. LateGulamMohiudd in Aged about 59 years, Occ Private Job R/o.H.No.6:3-1^,l,031112, Gulrez Apartrienti, n";0h"'*Jn nord Somajiguda, Hyderabad-82

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...RESPONDENTS

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Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fited therewith, the High court may be pleased to issue a writ, order or Direction more particurarry one in the nature of writ of Habeas corpus by decraring the action of the officiar Respondents more particularly the Respondent No.4 in not considering the petitioner's written complaint dt.lorosr2o22 which is filed against the Unofficiar Respondent No.5 who has illegally detained his Son Mohd.Afraaz Ahmed s/o.AhmedMohiuddin, Aged about 1B years, occ student, Rio. H. No.10-2-350/7, FIat No.303, pramod Apartments, Asifnagar, Hyderabad-28-TS, without his consent who is undergoing stress and depression, because of the illegal confinement done by the

¶15

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Respondent No.5 forcefuly by taking away from his custody, as arbitrary, discriminatory, ex-facie ilegar, highhanded and giving corourabre exercise to his powers by acting above rule of law and contrary to the violation of the under Article 226 of the constitution of rndia and consequenfly direct the officiar Respondents rnore particularly the Respondent No.4 to release Detenue from the illegal confinement of Respondent No.5 in the light of petitioner's written complaint dt.1ol05l2o22 by producing the Detenue Mohd.Afraaz Ahmed before this Hon'ble Court, in the interest of justice.

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lA NO: 't OF 2C'22

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Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the peiition, it. uign court may b;;L;;;'t" direct the Respondent No 4 herein and the Responient No s rrereinio;;ru;r" lhe^{major boy ,rom the forcibreand ilegarconfinement,} to restore ttru uoylo ihu-an Petitioner herejn for producing him be-fore the Honorabre Famity cour/ for interaction as cirected and.eximine the boy after about four (4) weers arter nis gomplete reco/ery from the mentar sho-ck and mentar siress due to the kidnapping etc.

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lA NO: 2 OF 20 itz

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Petition under section 151 cpc praying that in the circumstances stated in the affidavit f red in support of the peiition, ih. Hign court may u" pLr.Jl. severely punish the wrilp.etitioner with exemprary costs & damages for committing the Perjury with deriberate intention of misusing tt'" i"* oy misleading the l-lon'ble Court.

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Counsel for the Petitioner: SRt NAZIR AHMED KHAN

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Counsel for the Respondent Nos.1 to 4: AGp for HOME rep.

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ADVOCATE GENERAL

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Counsel for the Respondent No.5: SRI AHMED MOHIUDDIN, party-in_person

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The Court made the following: ORDER

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¶27

¶28

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

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WRIT PETITION o.23680 OF 2022

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

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This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, wherein the following prayer

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is made:

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"... to issue a Writ, Order or Darection more particularly one rn the nature of "Writ of Habeas Corpus" by declaring the action of the Official Respondents more particularly the Respondent No.4 in not considering the Petitioner's Written Complaint dt.10-05-2022 which is filed against the Unofficial Rcspondent No.5 who has illegally detained his Son 14ohd.Afraaz Ahmed S/o.Ahmed tYohiuddan, Aged about 18 years, Occ: Student, R/o.H.No. 10-235O/7, Flat No.303, Pramod Apartments, Asifnagar, Hyderabad, 2B-TS, without his consent who is undergoing stress and depression, because of the illegal confinement done by the Respondent No.5 Forcetully by taking away from his custody, as arbitrary, discrjminatory, ex-facie illegal, highhanded and giving colourable exercise to his powers by acting above rule of law and contrary to the violation of the under Article 226 oF the Constitution of India and consequently direct the OfFicial Respondents more particularly the Respondent No.4 to release Detenue from the illegal confanement of Respondent No.5 in the light of Petitioner's Written Complaint dt.10-05-2022 by producinq the Detenue Mohd.Afraaz Ahmed before this Hon'ble Court, in the interest of justice and pass such other order or orders.,."

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2, Heard the learned counsel for the petitioner; learned Assistant Government Pleader for Home representing learned Advocate General appearing for respondent Nos.1 to 4;

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Dr SA.-l & l\ -r w P No 216x0 oI:01:

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¶37

Mr. Ahmed Mohiuddin (respondent No.5). party_in-person, a ncl perused the record.

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Learned counsel for the petitioner ilouid submit that the alleged detenu - Mohd. Afraaz Ahnred is major and thereFore, cause in the Writ petition does not survive for adjudication.

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4, Taking on record the said submission, the Writ petition is dismissed as infructuous. it is needless to state that the respondent No.5 is entiiled to lvork out the remedies available under law,

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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/-T.KRISHNA MAR DEPUTY RE RAR

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//TRUE COPY//

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SEC N OFFICER

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To, 1 Iwo CCs to the Gp for Advocate General, High Court for the State of Telanoana IOUTI ? 9"u^{Ct to'SRtitRzrR nuveoKHAN,} Advocate [OpUC] 3. One CC to SRt AHMED MOH|UDD|N, Frrtyin+er.on fOhUCt 4. Two C.D. Copies 5. One Spare Copy. MRC PS

/) P

HIGH COURT

DATED:'1710612022

ORDER

WP.No.23680 of 2022

1 t\t; s
a,
2 3 SEP 2[I2

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DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS @)'4\u fu2IaY'\P

Smt.Shabana Yasmeen v. The State of Telangana and 4 others

Case brief

What is this about?

What did the court decide?

Smt.Shabana Yasmeen v. The State of Telangana and 4 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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