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High Court for State of TelanganaWP/34007/2016disposed of no costs

Yagnam Ramakrishnaiah, v. State Of Andhra Pradesh,

2016-10-17Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.34007 OF 2016 ORDER:

This writ petition is filed seeking to issue a writ or order more particularly, one in the nature of writ of Certiorari calling for all the records relating to (1) Crime No.32 of 2016 of Railway Kodur Police Station, Y.S.R. Kadapa District, dated 9.3.2016, (2) Crime No.31 of 2016 of Gajulamandyam Police Station, Chittoor District, dated 6.4.2016, (3) Crime No.54 of 2016 of Railway Kodur Police Station, Y.S.R. Kadapa District, dated 16.4.2016, (4) Crime No.61 of 2016 of Obulavaripalli Police Station, Y.S.R. Kadapa District, dated 29.6.2016, (5) Crime No.66 of 2016 of Sidhout Police Station of Y.S.R. Kadapa District, dated 30.6.2016, and (6) Crime No.142 of 2016 of Proddatur III Town Police Station, Y.S.R. Kadapa District, dated 30.6.2016, and to quash all the proceedings therein against the petitioner's son - Yagnam Chandrasekhar who has been in Central Prison, Kadapa since 6.4.2016. 2.

Heard and perused the material available on record. 3.

The grievance of the petitioner is that respondent Nos.5 to 9 high handedly implicated his son in several false cases. Though his son was granted bail by this Court on 1.6.2016 in connection with Crime No.31 of 2016 of Gajulamandyam Police Station, Chittoor District, respondent Nos.5 to 9 went on implicating him in several cases even though he has been in Central Prison, Kadapa since 6.4.2016 and filing P.T. warrants against him when he was about to be released on bail in any offence. Even though respondent Nos.5 to 9 are well aware of the pendency of other

cases against the son of the petitioner, instead of producing him on P.T. warrant in those cases, they are invoking the said provision only at the time of releasing him on bail.

4.

Considering the facts and circumstances of the case, this Court is of the view that whenever a person is detained in prison in connection with a particular crime and if the fact of pendency of other crimes is known to the officers concerned, it is the bounden duty of the said officers to produce the said person on P.T. warrant and detain him in prison after remand by the competent Court. In the name of investigation and pendency of various crimes, the officers should not drag on the matter with intent to detain him in prison for some more period. Hence, respondent Nos.5 to 9 are hereby directed to produce the son of the petitioner on P.T. warrant, if any crimes are pending against him, and complete the investigation as expeditiously as possible.

5.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

6.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 17.10.2016 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.34007 OF 2016 Date: 17.10.2016 AMD