Narsing Sukkaiah v. State Of Ts

The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Sri Justice Gudiseva Shyam Prasad Writ Petition No.19447 of 2018 Date: 13.06.2018 Between:

Narsingh Sukkaiah ... Petitioner and State of Telangana Rep. by its Prl.Secretary, Home Dept., Hyderabad and 5 others

...Respondents

Counsel for the Petitioner:

Mr.M.Rami Reddy for GL.Narasimha Rao Counsel for the respondents:

GP for Home (TS) The Court made the following:

CVNR, J & GSP, J WP.No.19447 of 2018 Dt: 13.06.2018 Order: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed for issue of a Habeas Corpus directing the respondents to produce the petitioner's son by name Saidulu (for short 'the detenu') before the Court and set him free. The learned Assistant Government Pleader for Home appearing for the learned Advocate-General for the State of Telangana, on instructions, submitted that the alleged detenu was taken into custody on 11-06-2018 in Rasoolgudem Village when he was moving in a suspicious manner; that apprehending that he may commit a cognizable offence, he was interrogated; and that verification of the station record showed that he was previously involved in a bodily offence.

The learned Assistant Government Pleader further submitted that the alleged detenu was produced before the Executive Magistrate and Tahsildar, Kattangur, with a request to bind over; that the Executive Magistrate has taken a bond for a sum of Rs.50,000/- from the alleged detenu on 11.06.2018; and that thereafter, the alleged detenu was freed. In support of his submissions, the learned Assistant Government Pleader has placed before the Court, the report sent by the SubInspector of Police, P.S.Kattangur, to the Executive Magistrate and Tahsildar, Kattangur, and Form No.13- Bond for good behaviour executed by the alleged detenu on 11-06-2018.

CVNR, J & GSP, J WP.No.19447 of 2018 Dt: 13.06.2018 The learned Counsel for the petitioner submitted that the alleged detenu was taken into custody on 08-06-2018 and not on 11-06-2018 and that the respondents are liable for the illegal custody of the alleged detenu till 11-06-2018. The question whether the alleged detenu was taken into custody on 08-06-2018 or not is a disputed question of fact, which can be adjudicated only by a competent Court of law having original jurisdiction.

Inasmuch as the alleged detenu is stated to have been released on 11-06-2018 itself, the Writ Petition is closed, however, with liberty to the petitioner or the alleged detenu to avail appropriate legal remedies available to them with reference to the alleged illegal custody.

______________________ (C.V.Nagarjuna Reddy, J) _______________________ (Gudiseva Shyam Prasad, J) Dt: 13th June, 2018 lur