Neelam Narayana Reddy v. The State Telagnana

HIGH COURT FOR THE STATE OF TELANGANA: AT HYDERABAD (Special Original Jurisdiction) THURSDAY ,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HON,BLE DT. JUSTICE SHAMEEM AKTHER AND THE HON'BLE SMT JUSTICE JUWADI SRIDEVI ,j !

WRIT PETITION NO: 19619 OF 2022 Between:

Neelam Narayana Reddy, S/o. N. Subbi Reddy, aged 64 years, Fi/o. BC Colony, Gunthapalli Thumucherla, Kanaganapalli Ananthapur District, A.P ...PETITIONER AND

1. The State Telagnana, Rep., by the Principal Secretary, Home Department, Secretariat, Hyderabad

2. The Commissioner of Police, Cyberabad Commissionerate, Cyberaba{

3. The Assistant Commissioner of Police, Kukatpally Housing Board Police Station, Kukatpally, Cyberabad

4. Station House Officer, Kukatpally Housing Board Police Station, Kukatpally, Cyberabad ...RESPONDENTS Petition under Article 226 of lhe 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 petitioners son namely Neelam Devender Reddy, aged 45 years, before this Honble Court and set him free who is illegally detained by the police from 1510412022 without having any valid complaint or without producing the petitioners son till date before any magistrate and kept custody of the petitioners son and to pass Counsel for the Petitioner: SRI PENUBALLI RAMESH BABU Counsel for the Respondents: THE ASST.GP FOR HOME The Court made the following: ORDER

THE HON'BLE DT. JUSTICE SHAMEEM AKTHER AND THE HON'BLE SMT. JUSTICE JUWADI SRIDEVI WRIT PETITION No.19619 OF 2022 JUDGMENT: (F'er Hon'ble Dr.SA,J) This writ petition is filed by the petitioner seeking a Writ of Habeas Corpus to direct the respondents to produce the alleged detenu, viz., Neelam Devender Reddy, aged 45 years, before this Court, who is illegally detained by the police from 15.04.2022 without having any valid complaint against him. 2.

Heard the learned counsel for the petitioner, learned I I I Assistant Government Pleader for Home appearing for the respondents and perused the record.

3.

In the course of submissions, it is brought to the notice of this Court by the learned Assistant Government Pleader for Home that the alleged detenu, by name, Neelam Devender Reddy, aged 45 years, is not in unlawful or illegal custody. The alleged detenu was set at liberty after issuing notice under Section 41-A Cr.P.C. Now, he is with his family members. --";'

i

4.

The said submissions of the learned Assistant Government Pleader for Home are taken on record.

5.

Since there is no illegal/unlawful detention of the alleged detenu as alleged, the relief sought in this writ petition cannot be acceded to.

6.

Accordingly, the Writ Petition is dismissed.

Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

SD/.K.ONESIM DEPUry REGIST //TRUE COPY// SECTION OFFICER To,

1. One CC to SRI PENUBALLI RAMESH BABU, Advocate [OPUC]

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

3. Two C.D. Copies

4. One Spare Copy.

MRC GJP

HIGH COURT DATED:2110412022 5.; sTAr6

ORDER

OB SEP 2M c WP.No.19619 of 2022 ,.t + 'a DISMISSING THE WRIT PETIT]ON WITHOUT COSTS t&- ?AP