M. Jayalakshmi v. The State Of Telangana

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD W.P.No.26723 of 2018 Date:20.9.2018 Between:

M.Jayalakshmi, W/o Murali ....Petitioner And:

The State of Telangana, reptd by its Principal Secretary, General Administration Department, Hyderabad and another.

....Respondents Counsel for the petitioner: Mr. Challa Dhanamjaya Counsel for the respondents: AGP for Home (TS) The Court made the following:

CVNR, J & GSP, J WP.No.26723 of 2018 Dt:20.9.2018 ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed for issue of Habeas Corpus directing the respondents to release Murali Srinivasulu @ Nalla Srinu, S/o Govindaiah (the detenue) from detention by setting aside the order, vide proceedings No.SB(I)No.8/PD-3/HYD/2018, dated 05.02.2018, of respondent No.2.

At the hearing, Mr. Challa Dhanamjaya, learned counsel for the petitioner, submitted that the detenu is an accused in a series of cases registered under the Immoral Traffic (Prevention) Act, and that, in connection therewith, respondent No.2 has passed the impugned detention order. He further submitted that in cases of this nature, this Court is setting aside the detention orders subject to the condition that the detenu shall leave the jurisdiction of the Commissionerate concerned and stay away from the said area till the expiry of the remainder period of detention.

Learned Assistant Government Pleader for Home (TS) fairly conceded to the above submission.

In the light of the above, the impugned detention order, vide No.SB(I)No.7/PD-8/HYD/2018, dated 05.02.2018, of respondent No.2 is set aside, without going into the merits of the case, but on the consensus reached between the parties, subject to the following conditions:

(i) The detenu shall be released forthwith from the detention, subject to his giving a written undertaking

CVNR, J & GSP, J WP.No.26723 of 2018 Dt:20.9.2018 addressed to respondent No.2 to the effect that he shall leave the limits of Rachakonda and Hyderabad Police Commissionerates and live outside the said area till the detention period is over, and handing over the same to the Superintendent of the Central Prison, Chanchalguda, Hyderabad, in which he is presently detained. (ii) It is made clear that if the detenu repeats his conduct of committing the offences in future, the respondents shall be free to initiate a fresh action against him in accordance with law.

(iii) The detenu is, however, permitted to enter the limits of Hyderabad and Rachakonda Police Commissionerates only for the limited purpose of attending the jurisdictional Courts in connection with all the criminal cases, which are pending against him.

Subject to the above directions, the Writ Petition is allowed.

___________________________ JUSTICE C.V.NAGARJUNA REDDY ______________________________ JUSTICE GUDISEVA SHAYM PRASAD 20th September, 2018 DR