Allowed

Naren Lal Kumavath v. The State of Telangana and 2 others

Telangana HC7 Jun 2022WP/6326/2022

Case brief

AI extract

What is this about?

This advance order allowed the writ petition under Article 226. The High Court set aside the detention order passed by the Commissioner of Police and the confirmation order by the Principal Secretary. The court directed the Jail Superintendent to release the detenu forthwith if she is no longer required in any criminal case.

What did the court decide?

The impugned detention order and confirmation order were set aside; the detenu was directed to be released forthwith if no longer required.

Naren Lal Kumavath Vs The State of Telangana and 2 others — Bail and Remand | Telangana HC (2022)

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

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TUESDAY ,THE SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER i\ND THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI

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WRIT PETITION NO: 6326 OF 2022

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Between:

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Naren Lal Kumavath, S/o Bol Ramj ,^Aged 43^years, Occ. Private work, Rl/o H.No. 4-41, Kallalkal Village, Kad akal, Tupran Mandal, Medak District - 502336

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...PETITIONER

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AND

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'1 . The State of Telangana, rep. by its Principal Secretary, General Administration Spl. (Law and Order ) Department, Secretariat, Hyderabad - 500022.

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The Commissioner of Police, Rachakonda Commissionerate, Vayupuri, Neredmet, Secunderabad - 500056.

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The Superintglqg!t of Jails, Special Prison for Women, Chenchalguda jail, Hyderabad - 500024.

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...RESPONDENTS

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Petition under Article 226 ol the 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 particularly one in the nature of Writ of Habeas Corpus, directing the 3rd respondent to produce the detenue viz., Smt. Emili Biswas Suchttra Sonali W/o Shiv Sanker Biswas, Aged 46 years and now detained in Special Prison for Women, Chenchalguda jail, Hyderabad before this Honble court and order for her release after declaring the detention order issued by the 2nd respondent vide Procs. No. No. 166/pDCELL/CCRB/RCKDI2O21 dated 18-12-2021 as confirmed by the^.1st respondent vide G.O. Rt. No. 2671, General Administration Spl. (Law and Order) Department dated O4-12-2021 as being illegal, arbitrary, unilateral and u nconstitutional and violative of Article 21 and 22 of the Constitution of lndia

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Counsel for the Petitioner:M/S. J SUMATHI

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Counsel forthe Respondents: ADDL ADVOCATE GENERAL

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IT IS ORDERED AS FOLLOWS

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THE HON.BLE DT. JUSTICE SHAMEEM AKTHER AND

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THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI

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WRIT PETITION o.6326 OF 2022

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ADVANCE ORDER: (Per Hon'ble Dr.sA,J)

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In the result, the Writ Petition is allowed. The impugned detention order vide No:166/PD-CELL/CCRB/RCKD/ 2021, dated 78.12.2021,^passed by the respondent No.2, and the consequential confirmation order vide G.O.Rt.No.628, General Administration (Spl. (Law & Order)) Department, dated 16.03.2022,^passed by the respondent No.1, are hereby set aside. The respondents are directed to set the detenue, namely Smt. Emili Bisvias @ Suchithra @ Sonali, W/o. Shiv Sanker Biswas, at liberty forthwith, if she is no^longer required in any other criminal case.

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(Detailed order follows)

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To,

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SD/.T.JAYASREE ASSISTANT^REGISTRAR -^,,/ e,' SECTION OFFICER

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,TRUE COPY'

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)

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'1 . The Principal Secretary, General^{AdministrationSpl (Law a1!} -O-r!er ;;;;ilil slate ot tetangana'^{Secretariat' Hvderabad - 500022'}

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,. ;#a;;;issioner^{of poticE, nacnatonda Commissionerate' Vavupuri'} Neredmet,^{Secunderabad - 500056'}

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e. ih"Grp;ii"tlndent^{of Ja]ls,-'aecralPrison for women'chenchalguda jail'} - HrJerabad - 500024.(By Special Messenger) a. Oir" CC to^{tr,tl.. J Sumathi, AdvocateIOPUC]} ^

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b. Two^{cCs to Advocat"G;;;;;i,iign court foi tne State of Telansana' [oUT]} 6. Two^{CD CoPies.}

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One SPare^CoPY

PM BS ,, 2,.

HIGH COURT

DATED:0710612022

/<br>loio 0 7 iut{ 2m
*

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ADVANCE ORDER

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WP.No.6326 of 2022

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Allowing the WP. Without costs. %,, @

Naren Lal Kumavath v. The State of Telangana and 2 others

Case brief

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Naren Lal Kumavath v. The State of Telangana and 2 others

Case brief

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