Telangana High Court
Son Bhadra Pal Singh vs The State Of Telangana on 10 November, 2021
Bench: P Naveen Rao, P.Sree Sudha
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
