Ramsetty Koteshwara Rao v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION NO.12356 OF 2019 25.06.2019 Between:

Sri Ramsetty Koteshwara Rao

...Petitioner

and The State of Telangana and others

...Respondents

Counsel for the petitioner : Ms. Nandita Guha Counsel for the respondents: Mr. Santosh Kumar, GP for Home The Court made the following:

ORDER: (Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) Mr. Ramsetty Koteshwara Rao, the petitioner, has filed this Habeas Corpus Writ Petition, inter alia, on the ground that his brother, Mr. Ramisetty Srinivasa Rao, is being illegally detained by the latter's father-in-law, Mr. Arja Veera Yougheshwara Rao, the respondent No.4, and by his wife, Yogitha Srilaxmi, the respondent No.5.

In compliance with the order dated 21.06.2019, the Station House Officer, Kushaiguda P.S, Rachakonda, has produced the detenu before this Court.

This Court has spoken to the detenu, Mr. Ramisetty Srinivasa Rao. He informs this Court that he is an Engineer by profession, who takes on private works in order to eke out his living. According to him, although he had married the respondent No.5 in 1999, differences have arisen between them; they are living separately for a long time. He further informs this Court that recently when he went to his father-in-law's house, he was physically assaulted by his father-in-law, the respondent No.4. Consequently, he sustained injuries on his head. He has also informed the police about the said incident. He further states that from 08.06.2019, he was illegally detained by the respondent Nos.4 and 5 in their house. Therefore, he had no way of informing the police about his illegal detention. According to him, he has been rescued by the respondent No.3 from the house of the respondent No.4. Moreover, according to him, he has no desire to return back to his father-in-law's house. Instead, he would like to go back to his parental house at Chilakaluripeta, Guntur District, Andhra Pradesh.

Therefore, the respondent No.3 is directed to ensure that the detenu, Mr. Ramisetty Srinivasa Rao, safely reaches his parental place at Chilakaluripeta, Guntur District, Andhra Pradesh. Since the detenu claims that he was illegally detained by the respondent Nos. 4 and 5, the police is directed to register a case against the respondent Nos. 4 and 5 for the said illegal action and take necessary steps to investigate the said case. With these directions, the Habeas Corpus Writ Petition stands allowed. There shall be no order as to costs. The miscellaneous petitions pending, if any, shall stand closed.

_____________________________ RAGHVENDRA SINGH CHAUHAN, CJ ______________________ DR. SHAMEEM AKTHER, J 25th June, 2019 JSU

High Court for the State of Telangana THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION NO.12356 OF 2019 (Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) Date: 25.06.2019 JSU