HONOURABLE SRI JUSTICE P. NAVEEN RAO
HON'BLE SMT JUSTICE P SREE SUDHA
WRIT PETITION No.23435 of 2021
Date : 10.11.2021
Between:
Son Bhadra Pal Singh S/o Madhon Singh
aged about 28 years R/o GraPharaira Bah Pharera
Agra
Uttar Pradesh State
Petitioner
And
The State of Telangana
Rep by its Principal Secretary to Govt General Administration Dept
Law and Order Telangana Secretariat Hyderabad & others
Respondents
The Court made the following:
THE HON'BLE SRI JUSTICE P. NAVEEN RAO AND HONOURABLE SMT JUSTICE P. SREE SUDHA WRIT PETITION No. 23435 OF 2021 ORDER: (per Hon'ble Sri Justice P.Naveen Rao) Heard learned counsel for petitioner and learned Government Pleader for Home representing learned Additional Advocate General for respondents.
2. This writ petition is filed seeking the following relief:
".... to issue a Writ of Habeas Corpus under Art 226 of the Constitution of India directing the respondents to produce Sri Satybhan Singh S/o Pratap Singh now detained at Central Prison Cherlapalli Medchal District before this Honble Court and he may be ordered to be released forthwith/set at liberty after declaring his detention vide No 38/PDCELL/CYB/2021 dated 23/04/2021 passed by the 2nd respondent and consequential confirmation orders passed by the 1st respondent vide G O Rt No 1302 dated 16/06/2021 as illegal unconstitutional and void..."
3. On the ground that Satyabhan Singh (hereinafter referred to as detenu) is involved in three crimes viz., Crime No. 34 of 2021 under Section 395 of IPC and Section 25 (1B) of Indian Arms Act, 1959 of Dundigal police station; Crime No. 12 of 2021 under Section 395 of IPC of Shankarpally police station and Crime No. 26 of 2021 under Section 395 of IPC of R.C.Puram police station, in exercise of power under Section 3 (2) of Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986 ( Act No. 1 of 1986) preventive detention order was passed on 23.4.2021.
4. According to learned counsel for petitioner, several other accused were also involved in same crimes and against all of them preventive detention orders were passed on the same date. That challenging the said order of detention accused no.5 filed WP No. 12449 of 2021; accused no. 6 filed WP No. 12456 of 2021 and accused no.7 filed WP No. 12440 of 2021. That all the three writ petitioner were allowed by separate orders dated 6.9.2021 setting aside the orders of prevention detention and directing the respondents to set at liberty the detenues therein.
5. Learned Government Pleader fairly submits that detenu herein is also involved in the same crimes and other detenues were already released.
6. Having regard to the same and in view of the judgment rendered by this Court in W.P.Nos.12449 of 2021, 12456 of 2021 & 12440 of 2021, on 06.09.2021, releasing the detenues therein /co-accused, this writ petition is also allowed. The impugned detention order passed by the Office of the Commissioner of Police, Cyberabad Commissionerate -2nd respondent vide No.38/PD-CELL/CYB/2021, dated 23.04.2021 and the consequential confirmation order of the Principal Secretary, General Administration (SPL.(Law & Order) Department, Secretariat, Hyderabad-1st respondent approving the detention vide G.O.Rt.No.1302, General Administration (SPL.(Law & Order) Department dated 16.06.2021, are hereby set aside. The respondents are directed to set the detenu, namely Satyabhan Singh S/o. Pratap Singh, at liberty forthwith, if he is no longer required in any other criminal case. Miscellaneous petitions, if any pending, stands closed.
____________________ P. NAVEEN RAO, J ___________________ P. SREE SUDHA, J 10th November, 2021 Tvk THE HON'BLE SRI JUSTICE P. NAVEEN RAO AND HONOURABLE SMT JUSTICE P. SREE SUDHA WRIT PETITION No. 23435 OF 2021 Date: 10.11.2021