P. Lakshmi v. The State Of Telangana

The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Sri Justice T.Amarnath Goud W.P.No.33873 of 2018 Date: 09.11.2018 Between:

P.Lakshmi ....Petitioner And:

The State of Telangana, Rep. by its Principal Secretary, General Administration Spl.(Law and Order) Department, Secretariat, Hyderabad and 6 others.

....Respondents Counsel for the petitioner:

Mr.N.Naveen Kumar Counsel for the respondents:

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

CVNR, J & TA, J WP.No.33873 of 2018 Dt: 09.11.2018 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 the petitioner's husband viz., Pothuraju Ramchandrudu @ Chandraiah Yadav (for short 'the detenu') from detention by quashing Proceeding No.23/PD/CCRB/CYB/2018, dated 21.06.2018, of respondent No.3, as confirmed by respondent No.1 vide G.O.Rt.No.1759, dated 04-09-2018.

After hearing the learned Counsel for both parties and having perused the record, we are of the opinion that this is a fit case where the detention order can be quashed 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.

Accordingly, the impugned detention order, vide Proceeding No.23/PD/CCRB/CYB/2018, dated 21.06.2018, of respondent No.3, as confirmed by respondent No.1 vide G.O.Rt.No.1759, dated 04.09.2018, are set aside, subject to the following conditions: (i) The detenu shall be released forthwith from the detention, subject to his giving a written undertaking addressed to respondent No.2 to the effect that he shall leave the Cyberabad Police Commissionerate limits and live outside the said area till the detention period is over, and handing over the same to the Superintendent of the Central Prison, Cherlapally, in which he is presently detained;

CVNR, J & TA, J WP.No.33873 of 2018 Dt: 09.11.2018 (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 Cyberabad Police Commissionerate limits 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. _______________________ (C.V.Nagarjuna Reddy, J) ___________________ (T.Amarnath Goud, J) Dt: 9th November, 2018 lur