Annaboina Nagarjuna Yadav vs The State Of Telangana
2023 Latest Caselaw 3357 Tel

             HON'BLE SRI JUSTICE K. LAKSHMAN
                                  AND
              HON'BLE SMT. JUSTICE K. SUJANA

                WRIT PETITION No.27493 OF 2023

ORDER: (per Hon'ble Sri Justice K. Lakshman)

      Heard Ms. Ravula Sowmya Reddy, learned counsel for the

petitioner and Mr. Godugu Mallesham, learned Assistant

Government Pleader representing learned Additional Advocate

General appearing on behalf of the respondents.

2. This Writ Petition is filed to issue Writ of Habeas Corpus

to direct the respondent No.3 to produce the detenu i.e., Mr.

Annaboina Thirupathi Yadav @ AT Yadav, now detained in

Central Prison, Cherlapally, Medchal-Malkajgiri District, before

this Hon'ble Court and to set aside the impugned detention order

vide proceedings No.Rc.No.C1/967/2023, dated 14.09.2023

passed by respondent No.2 and consequential Confirmation

Order, if any passed by respondent No.1 as illegal, arbitrary,

improper, unilateral, unconstitutional and violative of Articles 21

and 22 of the Constitution of India and to forthwith release the

detenu.

3. The impugned detention order dated 14.09.2023 was passed

by respondent No.2 relying on three (03) ground cases, i.e., (i)

Crime No.303 of 2023, (ii) Crime No.306 of 2023 and (iii) Crime

No.302 of 2023;

(i) Crime No.303 of 2023 was registered against the detenu

for the offences punishable under Sections 452, 294(b) and 506

r/w 34 of IPC and Sections 3 (1) (r) (s) and 3 (2) (va) of

Scheduled Castes and Scheduled Tribes (POA) Amendment Act,

2015 by Police, Vemulawada Town Police Station. He is accused

No.1. The Court below has already granted bail to him. The

Investigating Officer had already completed investigation and

laid charge sheet against him.

(ii) Crime No.306 of 2023 was registered against the detenu

for the offences punishable under Sections 448, 294 (b), 504 and

506 of IPC by Police, Vemulawada Town Police Station. He is

the sole accused and the Court below granted bail to him. The

Investigating Officer has already completed investigation and laid

charge sheet against him. It was taken on file vide C.C.No.512 of

2023.

In Crime No.303 of 2023, the allegations leveled against

the detenu are that complainant is the Sarpanch of the village and

the detenu is involved in Gram Panchyat works unnecessarily.

On 25.06.2023, the proposed detenu along with associates abused

the complainant by taking his caste name (Mala-SC). On the

complaint lodged by Defacto-Complainant, a case in Crime

No.303 of 2023 was registered. On coming to know about the

same on 01.07.2023, detenu went to the house of the

complainant, trespassed into his house, abused him in filthy

language and threatened him with dire consequences. As

discussed supra, the complainant in Crime Nos.303 of 2023 and

306 of 2023 is one and the same and there is political rivalry

between alleged detenu and the Defacto Complainant.

(iii) Crime No.302 of 2023, was registered against the

detenu for the offences punishable under Sections 324 and 506 of

IPC and Section 3 (1) (r) (s) of Scheduled Castes and Scheduled

Tribes (POA) Amendment Act, 2015 by Police, Karimnagar-II

Town Police Station. He is accused No.1. The Court below has

already granted bail to him. The Investigating Officer on

completion of investigation laid charge sheet against the detenu

and the same was taken on file vide Spl S.C.No.175 of 2023. The

allegations leveled against the detenu are that on 29.06.2023

complainant went to Ramnagar locality for attending the

plumbing works of drainage. Detenu is residing in the said

locality, at about 16.00 hours the complainant went to the house

of the detenu and asked a piece of pipe by touching their gate.

On noting the same, the proposed detenu and his brother came

out from the house and abused the complainant and assaulted

him.

4. In Crime No.364 of 2023, the offences are punishable

under Sections 420, 290 and 506 of IPC. Considering the

punishment prescribed for the offences alleged against the

detenu, the Investigating Officer has already invoked the

procedure laid down under Section 41-A of Cr.P.C. The

investigation is pending. The detenu is the sole accused. The

allegations leveled against the detenu are that complainant used

to supply chicken feed from his company to the detenu-proprietor

of Sai Teja Poultry Farm. About two years ago, the Detenu sold

his poultry farm, till then he was due an amount of Rs.16,79,138/-

to the company of the complainant. On 09.08.2023 at about 8.30

hours, when the complainant along with his employee went to the

house of the detenu and asked to clear the due amount and detenu

abused the complainant in filthy language, threatened with dire

consequences.

5. Perusal of the allegations leveled against the detenu in the

aforesaid crimes would reveal that there are disputes between

individuals. As stated supra, complainant in Crime Nos.303 of

2023 and 306 of 2023 is one and the same. There is political

rivalry between the complainant and detenu. There is no

disturbance to the public order. Respondent No.2/Detaining

Authority has to consider the entire material on record, more

particularly due to the acts committed by the detenu, there is

disturbance to the public order. In the present case, there is no

consideration of the said fact and entire material on record and

the subjective satisfaction that was arrived by respondent

No.2/Detaining Authority that due to the acts committed by the

detenu, there was disturbance to the public order.

6. In all the aforesaid crimes, the allegation leveled against the

detenu is that he is habitual committing assault on common

people and weaker section persons without any reasons and

indulging in Goonda activities.

7. Respondent No.2/Detaining Authority referred five (05)

cases in which the detenu was accused i.e., (i) S.C.No.415 of

2012 (arising out of Crime No.53 of 2011 of Boinpalli Police

Station), detenu was acquitted vide judgment dated 07.11.2012,

(ii) C.C.No.360 of 2015 (arising out of Crime No.107 of 2015),

the detenu was acquitted vide judgment dated 21.02.2022. Other

three (03) crimes are pending. However, though respondent

No.2/Detaining Authority referred the aforesaid five (05) cases,

but he has not relied upon. He cannot even refer the case in

which detenu got acquitted on completion of trial. In Crime

No.18 of 2020, the offences alleged against the detenu is

punishable under Sections 498-A, 506 and 435 r/w 34 of IPC.

The said crime was registered on the complaint filed by his wife.

There are matrimonial disputes between them.

8. The aforesaid facts would reveal that respondent

No.2/Detaining Authority without considering the entire material

on record, more particularly, nature of offences and the manner in

which it was committed by the detenu issued the impugned

detention order. The Detaining Authority shall come to a

subjective satisfaction while issuing impugned detention order.

There is no subjective satisfaction in the present case.

9. According to us, the impugned detention order is not on

consideration of the entire material on record and there is no

subjective satisfaction with regard to disturbance to the public

order due to the acts committed by the detenu.

10. In the light of the aforesaid discussion, this Writ Petition is

allowed, the impugned detention order dated 14.09.2023 is illegal

and liable to be set aside and accordingly the same is set aside.

The respondents are directed to set the detenu i.e., Annaboina

Thirupathi Yadav @ AT Yadav S/o. Yellaiah, Aged: 42 years,

Cast: Yadav, R/o. H.No.1-11/1, R & R Colony, Shabashpalli

Village, Vemulawada Urban Mandal, Rajanna Sircilla District,

free, forthwith, if he is no longer required in any other criminal

cases. There shall be no order as to costs.

As a sequel, miscellaneous petitions, if any, pending in writ

petition shall stand closed.

_________________ K. LAKSHMAN, J

_______________ K. SUJANA, J

20thb, October, 2023 ssy