High Court for State of TelanganaWP/35213/2016disposed of no costs

Kochcherla Gowriswari v. The State Of A.P

2017-06-063 pages

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE MS. JUSTICE J.UMA DEVI WRIT PETITION No.35213 of 2016 Date: 06.06.2017 Between:

Kochcherla Gowriswari, W/o Ramesh Babu .. Petitioner and 1.The State of A.P. represented by its Principal Secretary, Home Department, Secretariat, Hyderabad, and 4 others .. Respondents Counsel for the Petitioner: : Mr.Ponavolu Sudhakara Reddy Counsel for Respondent Nos. 1 to 3 : A.G.P. attached to the learned Advocate General (AP) Counsel for Respondent Nos.4 & 5 : None THE COURT MADE THE FOLLOWING:

ORDER: (Per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This writ petition is filed for issue of Habeas Corpus directing the police to produce the husband of the petitioner by name Kochcherla Ramesh before this Court.

At the hearing, the learned Assistant Government Pleader for Home (AP) has submitted that the alleged detenu has been moving freely without any interference by the police. Mr.Ponavolu Sudhakara Reddy, learned Counsel for the petitioner has, however, submitted that the detenu was illegally detained by the police from 14.10.2016 to 21.10.2016 and that only after this Court entertained the present writ petition and ordered notice, he was set free on 21.10.2016, but not before his monies were forcibly collected from his wife or withdrawn by using his ATM cards by the police. In support of his submission, he has filed some material. However, we refrain from delving into these allegations for the reason that the prayer in the writ petition viz., to set the detenu free has become infructuous, as the detenu is at liberty on 21.10.

2016 if not earlier. If any of the rights - legal, human or constitutional - of the detenu and his family members have been violated, they can avail appropriate remedies before the common law Courts against the State and the concerned police authorities. If such remedies are availed, we have no doubt that the Court concerned, with all the seriousness the case deserves, will adjudicate the same in accordance with law.

Subject to the above observation, the Writ Petition is disposed of.

As a sequel to disposal of the writ petition, W.P.M.P.Nos.4901 of 2017, 4902 of 2017 and 49806 of 2016 shall stand disposed of as infructuous.

__________________________ C.V.NAGARJUNA REDDY, J ________________ J.UMA DEVI, J Dt: 06.06.2017 Gsn.