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High Court for State of TelanganaWP/317/2020dismissed no costs

Smt. A. Harshitha v. The State Of Telangana

2020-01-09Raghvendra Singh Chauhan,A.Abhishek Reddy3 pages

High Court for the State of Telangana The Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan and The Hon'ble Sri Justice A. Abhishek Reddy W.P. No. 317 of 2020 Date: 09-01-2020 Between:

Smt. A. Harshitha

...Petitioner

and The State of Telangana Rep. by its Principal Secretary to the Home Department Secretariat, Hyderabad and 2 others

...Respondents

Counsel for the petitioner:

Mr. V. Raghunath Counsel for the respondents: Mr. Sripathi Santosh Kumar, GP attached to the office of the AG The Court made the following:

HCJ & AAR, J WP. No. 317 of 2020 Dt: 09-01-2020 Order: (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan) The petitioner, Smt. A. Harshitha, the wife of the detenu, namely Mr. Dhara Prasad, has filed the present Habeas Corpus petition ostensibly on the ground that her husband was picked up by the police on 03-01-2020. Ever since then, his whereabouts are unknown. Therefore, according to the petitioner, her husband is being illegally detained by the Station House Officer, Nacharam Police Station, Ranga Reddy District, the respondent No. 2. However, on the other hand, the learned counsel for the State submits that on 02-01-2020, one Mr. M.V. Dinakar had filed a report before the Police Station, Nacharam, for the offences under Section 420, 409, 477(a), 468, 471, and 120(B) IPC, against the detenu.

During the course of investigation, the detenu was arrested, and produced before the concerned Magistrate. On the basis of the order passed by the learned Magistrate, the detenu has been sent into judicial custody. Therefore, according to the learned counsel, the custody of the detenu is no longer an illegal one.

HCJ & AAR, J WP. No. 317 of 2020 Dt: 09-01-2020 The position being taken by the learned counsel for the State has not been challenged by the learned counsel for the petitioner.

Since the custody of the detenu is a legal one, this Court does not find any merit in the present Habeas Corpus petition. Hence, it is dismissed.

As a sequel, miscellaneous petitions, pending if any, stand dismissed as infructuous.

______________________________ (Raghvendra Singh Chauhan, CJ) ____________________ (A. Abhishek Reddy, J) Dt: 9th January, 2020 lur