S. Laxmi v. The State Of Telangana, Rep. By Its Principal Secretary,

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.11441 of 2016 Dated: 28.06.2016 Between:

S. Laxmi .. Petitioner and The State of Telangana, Rep. by its Principal Secretary, Department of Home, Secretariat, Hyderabad, Telangana State, and others. .. Respondents Counsel for the petitioner : Mr. P.Vamsheedhar Reddy Counsel for the respondents : G.P. for Home (T.S) The Court made the following order:

ORDER: (Per Hon'ble Sri Justice C.V.Nagarjuna Reddy) Detention order dated 23.01.2016 of respondent No.3, whereunder one Mallapalli Musili (hereinafter referred to as 'the detenu') has been detained under subsection (2) of Section 3 of the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, DrugOffenders, Goondas, Immoral Traffic Offenders and LandGrabbers Act, 1986, is questioned by the sister of the detenu in the present Writ Petition.

We have heard the learned counsel for both the parties and perused the record.

A perusal of the grounds of detention shows that the detenu was involved in two cases i.e., Crime No.400 of 2015 registered for the offences under Sections 3,4 and 5 of Immoral Traffic (Prevention) Act, 1956, on the file of Jubilee Hills Police Station, and Crime No.923 of 2015, for the offences under Section 307 IPC and Sections 3,4 and 5 of Immoral Traffic (Prevention) Act, 1956, on the file of S.R.Nagar Police Station.

Considering the fact that the detenu is allegedly

involved in two cases registered only in the year 2015 and that he has no past history of indulging in similar offences, we are of the opinion that he deserves to be released at this stage on reasonable terms.

Hence, the detenu shall be released forthwith from the detention subject to his giving a written undertaking addressed to respondent No.3, to the effect that he shall leave Hyderabad Metropolitan Development area and live outside the said area till the detention period is over, and handing over the same to the Superintendent, Chanchalguda Central Prison, Hyderabad, in which he is presently detained.

The impugned detention order is accordingly quashed and the writ petition is allowed.

As a sequel to allowing the Writ Petition, WPMP.14423 of 2016 filed by the petitioner for interim relief shall stand disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY,J ____________________ T.SUNIL CHOWDARY,J 28.06.2016 v v