Durgam Nirosha v. The State Of Telangana,

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION No.6089 of 2018 Between:

Durgam Nirosha ..Petitioner and The State of Telangana, represented by its Principal Secretary, Home Department, Hyderabad and others ..Respondents Counsel for the petitioner: Mrs.P.Lalitha Kamesh Counsel for the respondents: Assistant Government Pleader attached to Advocate General (T.S.) The Court made the following:

CVNR,J & GSP,J W.P.No.6089 of 2018 ORDER: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This writ petition is filed for issue of Habeas Corpus directing the respondents to produce the petitioner's father - Durgam Rajaiah S/o Rajamallu (for short -'the alleged detenu') before the Court and set him at liberty.

2.

At the hearing, the learned Assistant Government Pleader attached to the learned Advocate General (T.S.) appearing for the respondents, on instructions, has submitted that the alleged detenu was arrested on 24.02.2018 in connection with Crime No.27 of 2018 of Ramakrishnapuram Police Station registered for the offence punishable under Section 302 I.P.C. and was produced before the jurisdictional Magistrate on the same day and that he was remanded to judicial custody.

3.

Mrs.P.Lalitha Kamesh, learned counsel for the petitioner, has not disputed the above submissions. She has, however, stated that respondent No.5 not only detained the alleged detenu illegally but also sent messages to the petitioner's telephone threatening her with serious consequences for filing the writ petition and demanding her to withdraw the same.

4.

The main purpose of filing the present writ petition is to seek release of the alleged detenu from the illegal detention. With the arrest of the alleged detenu and his remand by the jurisdictional

CVNR,J & GSP,J W.P.No.6089 of 2018 Magistrate, the cause in the writ petition does not survive for adjudication. If the petitioner has any grievance with regard to the alleged illegal detention and the alleged threats by respondent No.5, she or any of her family members are entitled to initiate both civil and criminal proceedings against respondent No.5 in accordance with law.

5.

Subject to the liberty given as above, the Writ Petition is disposed of.

__________________________ C.V.NAGARJUNA REDDY, J ____________________________ GUDISEVA SHYAM PRASAD, J 27th February, 2018 GHN