Telangana High Court
WP/24789/2007 of Oragnati Gangarajam, Vs The Government of Andhra Pradesh, on 24 December 2007
A . GOPAL REDDY AND HON'BLE SRI JUSTICE G. BHAVANI PRASAD WRIT PETITION No.24789 OF 2007 DATE: 24.12.2007 Between: Oragnati Gangarajam ..... PETITIONER AND The Government of Andhra Pradesh, Rep. By its Principal Secretary To Home Department, Secretariat Buildings, Hyderabad & 3 others.
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HON’BLE SRI JUSTICE A. GOPAL REDDYANDHON'BLE SRI JUSTICE G. BHAVANI PRASAD
WRIT PETITION No.24789 OF 2007
DATE: 24.12.2007
Between:Oragnati Gangarajam
AND
..... PETITIONER
The Government of Andhra Pradesh,Rep. By its Principal SecretaryTo Home Department, SecretariatBuildings, Hyderabad & 3 others.
.....RESPONDENTS
HON’BLE SRI JUSTICE A. GOPAL REDDYAND
HON'BLE SRI JUSTICE G. BHAVANI PRASAD
WRIT PETITION No.24789 OF 2007
ORDER:(Per Hon’ble Sri Justice A.Gopal Reddy)
The petitioner filed this writ petition under Article 227 ofConstitution of India for issuance of a writ of habeas corpus allegingthat his wife Smt. Oraganti Balavva and his mother-in-law NyavanandiRajavva have been illegally detained by the fourth respondent from20.11.2007 without producing them before the Magistrateconcerned.
Sub-Inspector of Police, Velpoor Police Station, NizamabadDistrict, the fourth respondent herein filed a counter stating that on the complaint lodged by one Nyavanandi Vasantha, who is none otherthan daughter-in-law of alleged detenu No.2 and sister-in-law ofalleged detenu No.1, on 21.11.2007, a case in Crime No.72 of 2007has been registered for the offences under Sections 323, 506 and 109IPC of Velpuru Police Station. In connection with the said crime, thealleged detenus were arrested on 21.11.2007 and produced before theJudicial First Class Magistrate, Armoor. On such production, thelearned Magistrate enlarged them on bail on the same day.
In fact, the writ petition itself was filed on 21.11.2007 after 10.30hours, and the Crime No.72 of 2007 was registered on the same day at8.00 a.m. In view of the same, the submission of the learned counselfor the petitioner that on the information passed on by the AdvocateGeneral, the above crime was registered, cannot be accepted.
The writ petition is accordingly dismissed. However, if thealleged detenus were illegally detained by the police from 20.11.2007without registering any crime, as alleged in the writ petition, liberty isgranted to the alleged detenus to initiate proceedings against theofficials responsible for their illegal detention, before the appropriateforum. No costs.
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A. GOPAL REDDY, J.
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24[th] DECEMBER, 2007 G. BHAVANIPRASAD, J.Tsr.