HIGH COURT FOR THE STATE OF TELANGANA
THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.24584 of 2020
04.01.2021
Between:
David Sophia Pranathi
...Petitioner
and
The State of Telangana, Rep. by its Principal Secretary,
Department of Home,
BRKR Bhavan, Hyderabad
and 3 others.
...Respondents
Counsel for the petitioner : Mr. R. Anurag
Counsel for the respondents: Mr. T. Srikanth Reddy GP for Home
The Court made the following:
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JUDGMENT: (Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan)
The present Habeas Corpus Writ Petition has been filed,
ostensibly, on the ground that the petitioner's husband, Mavuduru
Rama Kumar, was picked up by the Station House Officer,
Madhapur Police Station, on 23.12.2020 around 06:00 am. Ever
since then, his whereabouts are unknown. Therefore, the
petitioner has bona fide belief that her husband is illegally
detained by the respondent No.4.
Mr. T. Srikanth Reddy, the learned Government Pleader for
Home, has filed instructions, dated 03.01.2021. The same shall be
taken on record.
Mr. T. Srikanth Reddy submits that on 12.12.2020,
Ms. K. Keerthi had lodged a complaint with the respondent No.4
wherein the detenu is arrayed as accused No.3. The said FIR has
been registered for the offences under Sections 420, 406, 506 read
with Section 34 IPC, and for the offence under Section 5 of the
Telangana State Protection of Depositors of Financial
Establishments Act, 1999. During the course of investigation, the
detenu was arrested on 30.12.2020, and on 31.12.2020, he was
produced before the learned XII Additional Metropolitan Magistrate
at Kukatpally, Cyberabad. The learned Magistrate has remanded
the detenu to judicial custody. Therefore, according to the learned
Government Pleader, the custody of the detenu is a legal one.
On the other hand, Mr. R. Anurag, the learned counsel for
the petitioner, submits that, in fact, the detenu was picked up on
23.12.2020, and was illegally detained till 30.12.2020. 3
Heard the learned counsel for the parties.
Admittedly, as of today, the detenu happens to be in judicial
custody. Therefore, his custody is, indeed, a legal one. Hence, this
Court does not find any merit in the present Habeas Corpus Writ
Petition. However, it is clarified that, in case the petitioner or the
detenu are of the opinion that the detenu's personal liberty has
been violated by the State, they shall be free to pursue the legal
remedies available to them against the State.
The writ petition stands disposed of. There shall be no
order as to costs.
The miscellaneous petitions pending, if any, shall stand
closed.
________________________________ RAGHVENDRA SINGH CHAUHAN, CJ
____________________ B. VIJAYSEN REDDY, J
04.01.2021 Lrkm
