Telangana High Court
Nitai Saha vs The State Of Telangana on 5 October, 2023
Bench: K.Lakshman, K. Sujana
HON'BLE SRI JUSTICE K. LAKSHMAN
AND
HON'BLE SMT JUSTICE K. SUJANA
WRIT PETITION No.18993 of 2023
ORDER: (per Hon'ble Sri Justice K. Lakshman)
Heard Sri Rama Rao Immaneni, learned counsel for
the petitioner and Sri Godugu Mallesham, learned
Assistant Government Pleader representing learned
Additional Advocate General. Perused the record.
2. This Writ Petition is filed to issue Writ of Habeas
Corpus for production of petitioner's son lodged as UT
Prisoner named Bubun Saha UT.No.5246, Prisoner
No.656564 at Central Prison, Chanchalguda involved in
Crime No.281 of 2023 dated 24 05 2023 before this
Honorable Court or before the Court of Learned XI
Additional Metropolitan Magistrate, Secunderabad or
Learned VIII Additional Metropolitan Magistrate,
Hyderabad for recording the injuries caused on his person
who sustained grievous injuries due to torture on his
2
person by an inmate breaking his hand resulting in
serious fractures as the prisoner encountered said
assailant smoking GANJA within the precincts of Jail on
14-06-2023 further subjected to torture by jail authorities
for taking his photographs by the petitioner when he was
brought to Osmania General Hospital on 14-07-2023
resulting in his confinement to solitary/punitive cell
forcing him hard labor and denial of diet as painful
additive denying all such privileges and amenities to
petitioners son further denying medical treatment as being
illegal, arbitrary, un-constitutional, being violative of
Articles 21 and 300A against the letter and spirit of
Judgment rendered in case of Sunil Batra vs Delhi
Administration reported as 1980 AIR 1579 1980 SCR 2
557 and Catena of Judgments rendered by this Honorable
Court as well that of Honorable Supreme Court of India
apart from being violative of principles of natural justice
and fair play and direct respondents 3 and 4 to produce
the son of Petitioner before any Metropolitan Magistrate
having superintendence and authority further extend
necessary medical treatment to petitioner's son with any
Government General Hospital regularly till his release on
bail in connection with Crime No.281 of 2023 dated 24-
05-2023, consequentially direct necessary action on
respondents 3 and 4 including the constables / escort
finding place in the photographs dated 14-07-2023 by
conducting a detailed enquiry by any High ranking prison
authority more particularly that of respondent No.2.
3. Petitioner herein is father of remand prisoner by
name Mr.Bubun Saha (UT.No.5246) Prisoner No.656564.
He is an accused in Crime No.281 of 2023. He was
remanded to judicial custody from 27-05-2023. The
offences alleged against him are punishable under
Sections 376(2)(n), 354(D), 323 and 506 of IPC and
Sections 5 r/w.6 and 11 r/w.12 of POCSO Act.
4. According to the petitioner, on 14-06-2022 his son
was beaten by co-accused by name Mr.Jakkula Sai Kiran.
The jail authorities have not taken any action against the
said co-accused. He has narrated the entire facts in
paragraph Nos.4 to 6 of the writ affidavit.
5. In the light of the aforesaid specific allegations, we
have directed learned Special Government Pleader to get
specific instructions from respondent No.3. He has filed
counter and also written instructions. According to the
procedure, respondent No.3 is the competent authority to
lodge complaint against such incident and he has already
complained with Dabeerpura Police Station on
04-09-2023, who in turn registered a case in Crime
No.165 of 2023 for the offences punishable under
Section 325 of IPC against the said Mr.Jakkula Sai Kiran -
remand prisoner No.5450. It is under investigation.
6. In the light of the aforesaid discussion, according to
us, there is no illegal detention or abduction of the son of
the petitioner by the respondents as alleged by the
petitioner herein. Respondent No.3 has already acted upon
the aforesaid incident by way of lodging aforesaid
complaint and Police Dabeerpura have registered a case
against Mr.Jakula Sai Kiran - remand prisoner No.5450.
7. According to the petitioner, detenu was already
released on bail.
8. In view of the aforesaid discussion, nothing remains
in the present writ petition to adjudicate further and liable
to be dismissed.
9. Accordingly, this Writ Petition is dismissed. There
shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any,
pending in the Writ Petition shall stand closed.
____________________
K. LAKSHMAN, J
_________________
K. SUJANA, J
October 05, 2023
PN
HON'BLE SRI JUSTICE K. LAKSHMAN
AND
HON'BLE SMT JUSTICE K. SUJANA
WRIT PETITION No.18993 of 2023
(per Hon'ble Sri Justice K. Lakshman)
October 05, 2023
PN
