K.Damla v. The State Of Telangana, And 2 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY PRESENT THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE B, VIJAYSEN REDDY WRIT PETITION NO: 7132 OF 2020 Between:

K.Damla, S/o.Vasram Chawan, aged about 59 years, Rl/o.Near Hanuman Temple, Hanuman Nagar, Sadasivpet, Sangareddy, N/o.H.No.6-37, Ramnagar, HYderabad'

...PETrroNER AND

1. The State of Telangana, Rep. by its Spl. Chief Secretary to the Govt.(Poll.), cAD Dept., Secretariat Buildings, Telangana, Hyderabad.

2. The Commissioner of Police, Cyberabad Commissionerate.

3. The Superintendent, Central Prison, Cherlapalli, Medchal O,.,r,",....*=aroNDENrs Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Habeas Corpus under Art.226 of the Constitution of lndia directing the respondents to produce Sri.Kelavath Shankar S/o.K.Damla, now detained at Central Prison, Cherlapalli, Medchal District, before this Honorable Court and he may be ordered to be released forthwith/set at Iiberty after declaring his detention vide No.06/PD-CELL/CYB/2020, dated 1510212020 passed by the 2nd respondent and consequential confirmation orders passed by the 1st respondent as illegal, unconstitutional and void.

Counsel for the Petitioner: SMT. B. MOHANA REDDY Counsel for Respondents: SRI S. SHARATH KUMAR, SPECIAL GOVERNMENT PLEADER THE ADVOCATE GENERAL IT IS ORDERD AS FOLLOWS

THE HON'BLE THE CHIEF JUSTICE SRI RAGITVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION No.7132 OF 2O2O ADVANCE ORDER:

The Writ Petition is allowed. The impugned detention order dated 15.O2.2O2O passed by the respondent No.2, and the consequential confirmation order dated 22.O4.2O2O are, hereby, set aside. The respondents are directed to set the detenu, namely Kelavath Shankar, S/o K. Damla, at liberty forthwith, in case he is no longer detained in the criminal cases which have been registered so far against him.

(Detailed Judgment follows..... . .) Sd/. I. NAGA LAXMI ASSISTANT REGIS ,TRUE COPYi/ SECTION OFFICER To, The Special Chief Secretary to the Govt.(Poll.), GAD Dept., State of Telangana Secretariat Buildlngs, Telangana, Hyderabad.

The Commissioner of Police, Cyberabad Commissionerate. The Superintendent, Central Prison, Cherlapalli, Medchal District.(By Special Messenger) One CCIo Smt. B Mohana Reddy Advocate [OPUC] Two CCs to the Advocate Generil, High Court for the State of Telangana (OUT) Two CCs to Sri S. Sharath Kumar, Special Government Pleader, High Court for the State of Telangana (OUT) Two CD Copies 1.

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MBC

HIGH COURT HCJ & BVR,J DATED: 3010712020 , ',.-;:

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q oo 3 0 ,tultilZ0 \ \ \ ADVANCE ORDER WP.No.7132 of 2020 ALLOWING THE WRIT PETITION WITHOUT COSTS t] 2il,o