V. Suhashini v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) N/ONDAY, THE ELEVENTH DAY OF IVAY TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION NO: 6665 OF 2020 Between:

V. Suhashini, W/o Vemula Srinivas Rao @ Vasu aged about 30 years, occ Housewife R/o H.No. 3-4-514, Opp Harikishan Eye care Centre Lingampally, Kachiguda, Hyderabad Permanent R/o Sattupally village, Khammam District. ..PETITIONER AND '1 . The State of Telangana, rep. by its Principal Secretary, Home/Prisons Department, Secretariat, Saifabad, Hyderabad.

2. The Joint Commissioner of Police, HFAC, Central Zone, Hyderabad.

3. The lnspector of Police/SHO, Narayanaguda Police Station, Hyderabad. 4, The Superintendent of Central Prison (Prisons) Cherlapalli, Medchal district erstwhile R.R. District ...RESPONDENTS Petition under Article 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 nature of Writ of Mandamus, declaring the action of the respondent No.2 in not forwarding the recommendation made by the 3rd respondent for release of the husband of the petitioner namely Vemula Srinivas Rao @ Vasu who is convict prisoner vide its judgment passed in SC No.736 o'f 2013 dt.

0511212017, on the file of the court of the lll ADJ -Cum- AMSJ, Cyberabad, LB Nagar RR district, presently lodged in Central Prison, Cherlapally, vide Covnict No. 1645, on furlough vide lr No. 156/lW/PS NG/2020 dl.3OtO3t2O2O of the 3'd respondent herein inspite of the specific report submitted by the 3rd respondent to the 2nd respondent as being illegal, arbitrary and unjust, and consequently direct the respondent No.2 to pass appropriate orders on the Lr No.,156/|W/PS NG/2020 dt.

the 2nd respondent herein to forthwith pass orders granting furlough, for release of the petitioner's husband who is languishing in Central Prison, Cherlapally, vide Convict No. 1 645 by taking into consideration the report of the 3rd respondent Lr., No. 156/|W/PS NG/2020, dL30-3-2022O, pending disposal of the main Writ Petition, Counsel for the Petitioner: SMT. G. JAYA REDDY Counsel for Respondents: GP FOR HOME The Court made the following: ORDER The present writ petition is filed under Article 226 of lhe Constitution of lndia for issuance of a Writ of Mandamus to declare the action of the 2nd respondent in not forwarding the recommendation made by the 3'd respondent for release of the husband of the petitioner viz., Vemula Srinivas Rao @ Vasu, a convict prisoner in Sessions Case No.736 of 2013 on the file of lll Additional District Judge-cum-Additional Metropolitan Sessions Judge, Cyberabad at L.B. Nagar, Ranga Reddy District, presently lodged in Central Prison, Cherlapalli, vide convict No.1645 on furlough, as being illegal, arbitrary and unjust. 2.

The above case is taken up for hearing today through video conferencing. 3.

Heard the learned counsel for the petitioner and the learned Government Pleader for Home appearing for the respondents. 4.

The learned Government Pleader for Home on instructions submits that the cause in the present writ petition does not survive for adjudication, since the 2nd respondent has forwarded the recommendation of the 3'd respondent to the 4th respondent i.e., Superintendent of Central Prison, Prisons Cherlapalli, Medchal District on 09.05.2020 for necessary action.

5.

Having regard to the above said submission made by the learned Government Pleader for Home on behalf of the 2nd respondent of forwarding the recommendation of the 3'd respondent to the 4th respondent, no further adjudication of the present writ petition is called for.

6.

Accordingly, the writ petition is closed. No order as to costs. 7.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order.

SD/- SRI JUSTICE T. VINOD KUMAR ,TRUE COPY// K,YP REGISTRAR DrcrAL) ASSISTANT REGISTRAR SE ION OFFICER To,1. One CC to Smt. G. Jaya Reddy, Advocate [OPUC]

2. Two CCs to GP For Home, High Court for the State of Telangana. [OUT]

3. Two CD Copies IVBC

HIGH COURT TVK,J DATED: 1110512020 1 HE ST4Is 3 1{ t{AY 2020 ic <\ DEs-pAtct+

ORDER

WP.No.6665 of 2020 CLOSING THE WRIT PETITION WITHOUT COSTS I