Koushik Shivalal Kanchani v. The State Telagnana And 2 Others
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRIJUSTICE A.RAJASHEKER REDDY AND THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 12365 OF 2021 Betwee n :
Koushik Shivalal Kanchani, Sio. Shivalal Panchani, aged 45 years, Occ. Business, R/o.Flat No.301,3'd Floor Block 4, Gayatri Apartmenti, TSIIC'Colony, Qutubuttapur. lDA, Jeedimetla, Ranga Reddy District - 500 055. ...PETITIONER AND
1. The State Telagnana, Rep., by the Principal Secretary, Home Department, Secretariat, Hyderabad.
2. The Commissioner of Police, Cyberabad Commissionarate, Cyberabad.
3. The Station House Officer, Jeedimetla Police Station, Jeedimetla, Cyberabad. ...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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Habeas Corpus, seeking a direction to the respondents police to produce the petitioner's daughter namely Panchani Divya Kaushik, aged 22 years, before this Hon'ble Court and set her free who is illegally detained by the police 'from 0610512021 without having any valid complaint or without producing the petitioner's daughter till date before any magistrate and kept custody of the petitioner's daughter Counsel for the Petitioner : SRI C.RAM PRASAD Counsel for the Respondents : AGP FOR HOME The Court made the following: ORDER
THE HON'BLE SRI JUSTICE A.RA]ASHEKER REDDY AND THE HON,BLE DT. ]USTICE SHAMEEM AKTHER WRIT PETITION No.12365 of 2o21 ORDER: (Per Hon'ble Dr. lustice Shameem Akther) This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, who is the father of the alleged detenu Panchani Divya Kaushik, aged 22 years, seeking a Writ of Habeas Corpus directing the respondents to produce the alleged detenu before this Court, inter alia contending that the alleged detenu is being illegally detained by the police from 06.05 2021. 2.
We have heard the submissions of the learned counsel for the petitioner, the learned Assistant Government Pleader for Home I appearing on behalf of the respondents and perused the record' 3, Pursuant to the order of this Court, dated 01.06.2021, the alleged detenue, namely, Panchani Divya Koushik, is produced before this Court virtually. This Court is pleased to interact with the alleged detenue. She has stated to this Court in clear terms that she is 22 years old and she is married to Shaik Sameeruddin on 07.O5.2021 and she has been converted to Islam and her name is Sameera Begum and she is residing with her husband voluntarily and that she is not forcefully or illegally detained by anybody. 4.
Here, it is apt to state that Habeas Corpus is a writ calling upon the person who has illegally/wrongfully detained another, to produce the latter before the Court, in order to let the Court know on what ground he/she has been detained, and to set him/her free if
there is no legal justification for the detention. A writ of Habeas Corpus cannot be issued, when a person is not in illegal/unlawful detention.
5. In the instant case, as per the statements of the alleged detenue, she is not forcefully or illegally detained by anybody, as contended by the petitioner. Under these circumstances, no relief as sought by the petitioner can be granted' The Writ Petition is devoid of merit and is liable to be dismissed. 6, Accordingly, the Writ Petition is dismissed. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed SECTION OFFICER I SD/- I.NAGALAKSHMI ASSISTANT REGISTRAR ,TRUE COPY'
\t-/ To'- 1. On" CC to Sri C.Ram Prasad, Advocate [QPU-C]
2. Two CCs to the Cp toi ni"frJ, ij,gh Co'r,iiotihd State of Telangana, Hvderabad (ouT)
3. Two CD CoPies Kj.
su.
HIGH COURT DATED:0810612021 14, s e '.|- ( \ oo J a< 16 ilJll202l L
ORDER
WP.No.12365 of 2021 DISMISSING THE WRIT PETITION WITHOUT COSTS.