WP/25571/2007 of Vishnu Kumar Devda, Vs The Station House Officer, on 26 December 2007

HON’BLE SRI JUSTICE A. GOPAL REDDYANDHON'BLE SRI JUSTICE G. BHAVANI PRASAD

WRIT PETITION No.25571 OF 2007

DATE: 26.12.2007

Between:

Vishnu Kumar Devda

AND

..... PETITIONER

The Station House Officer,Afzalgunj Police Station, Hyderabad& Another.

.....RESPONDENTS

HON’BLE SRI JUSTICE A. GOPAL REDDYAND

HON'BLE SRI JUSTICE G. BHAVANI PRASAD

WRIT PETITION No.25571 OF 2007

ORDER:(Per Hon’ble Sri Justice A.Gopal Reddy)

The telegram dated 26.11.2007 sent by the petitioner to theHon’ble Chief Justice alleging that his father viz., Manikchand Devda,aged about 66 years, suffering with chronic Asthma, has beendetained by the Afzalgunj Police at about 7.00 p.m. on 26.11.2007though he was not involved in any case, is taken up as a writ petition.

The counter affidavit filed by the Inspector of Police, AfzalgunjPolice Station, the first respondent herein discloses that a case inCrime No.855 of 2007 for the offence under Sections 304-B, 498-A

IPC and Sections 3 and 4 of Dowry Prohibition Act of Afzalgunj PoliceStation was registered against the petitioner as well as the allegeddetenu. For the purpose of investigation in that crime, the allegeddetenu participated in the enquiry along with his brother-in-law viz.,Ram Swaroop and after enquiry both of them were let off. The CrimeNo.855 of 2007 was registered on 16.11.2007 on a complaint given byone S.Chandrakala complaining that her daughter Kusum @ Meenamarried to one Bankatlal Devda in the year 2003 and she died on16.11.2007 and she got suspicion that the death is not natural and thecause of her daughter’s death is due to dowry harassment. Themother-in-law of the deceased and the wife of the alleged detenu areown sisters. The police got suspicion over the in-laws of thedeceased and the wife of the alleged detenu because they have beenabsconding from the date of registration of the crime. It is stated thatthe present telegram has been sent to evade the arrest of the accusedincluding the wife of the alleged detenu.

Along with the counter, the undertaking given by the allegeddetenu dated 26.11.2007 has also been filed wherein he undertookthat as and when he receive the information about his wife, who is anaccused in the above crime, he would inform the police. It is furtherseen from the material filed by the police that the petitioner as well asthe alleged detenu filed a petition under Section 317 Cr.P.C. inC.C.No.579 of 2006 on the file of V Additional Metropolitan SessionsJudge, Hyderabad to dispense with their personal attendance in thesaid case, which goes to show that the alleged detenu has not beenillegally detained. From the said material it is also clear that thepetitioner is also facing trial in S.C.No.579 of 2006.

In the view of the facts and circumstances explained in the counter, we do not see any merit in the allegation that the allegeddetenu has been illegally detained by the police.

The writ petition is accordingly dismissed. No costs.

________________ A. GOPAL REDDY, J.__________________

26[th] DECEMBER, 2007 G. BHAVANIPRASAD, J.Tsr.