Smt. T.Venkata Giri, v. The State Of Andhra Pradesh, Rep By Its Principal

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE G. SHYAM PRASAD WRIT PETITION NO.613 OF 2016 DATED:08-06-2016 Between:

T. Venkata Giri ... Petitioner And The State of Andhra Pradesh Rep. by its Principal Secretary Home Department, A.P. Secretariat Hyderabad and others ... Respondents COUNSEL FOR THE PETITIONER: Mr. M.V. Hanumantha Rao COUNSEL FOR THE RESPONDENTS: Mr. C.S. Surya Prakash Rao Special Government Pleader, attached to the Advocate General (AP)

THE COURT MADE THE FOLLOWING:

ORDER: (per Hon'ble Sri Justice C.V. Nagarjuna Reddy) This writ petition is filed for issuance of writ of habeas corpus to direct the respondents to release Mr. T. Koteswara Rao, husband of the petitioner herein (hereinafter referred to as 'the detenu'), after setting aside the order in (M) RC. No.1298/2015/C2, dt.04.07.2015, of respondent No.2, as approved by respondent No.1 in G.O. Rt. No.2187, dt.15.07.2015.

I have heard Mr. M.V. Hanumantha Rao, learned counsel for the petitioner, and Mr. C.S. Suryaprakash Rao, learned Special Government Pleader attached to the learned Advocate General for the State of Andhra Pradesh.

The detenu was detained by the aforementioned order of respondent No.2 on the ground that he was involved in commission of seven cases of which six cases pertained to possession of certain quantities of Ganja and one case pertained to the alleged murder of one Dibbidi Ramana. The learned counsel for the petitioner submitted that of the seven cases registered against the detenu, five cases have been disposed of and that all these cases have ended in the acquittal of the detenu which included the murder case. The learned counsel also submitted that in none of the cases in which the detenu was acquitted, the State has carried the matters in appeals. This submission of the learned counsel has not been controverted by the learned Special Government Pleader.

appeals against the acquittal, it is reasonable to presume that the State is accepting the innocence of the detenu. Further, the detenu has suffered detention for more than eleven months as on today. In the light of the above facts, we are of the opinion that the detenu deserves to be released and accordingly the impugned orders of detention and confirmation of respondent Nos.2 and 1 respectively are quashed. The detenu shall be released forthwith from the detention.

The writ petition is accordingly allowed.

As a sequel to disposal of the writ petition, W.P.M.P. No.760 of 2016 shall stand disposed of as infructuous.

__________________________ C.V. NAGARJUNA REDDY, J _________________________ G. SHYAM PRASAD, J 08-06-2016 bnr