Telangana High Court
WP/27515/2007 of Gutti Bhanu, Vs The Sub-Inspector of Police, on 31 December 2007
A . GOPAL REDDY AND HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.27515 OF 2007 DATE: 31.12.2007 Between: Gutti Bhanu ..... PETITIONER AND The Sub-Inspector of Police, Government Railway Police, Tenali, Guntur District. .....RESPONDENT HON’BLE SRI JUSTICE A . GOPAL
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HON’BLE SRI JUSTICE A. GOPAL REDDYANDHON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO
WRIT PETITION No.27515 OF 2007
DATE: 31.12.2007
Between:
Gutti Bhanu
AND
..... PETITIONER
The Sub-Inspector of Police,Government Railway Police,Tenali, Guntur District.
.....RESPONDENT
HON’BLE SRI JUSTICE A. GOPAL REDDYAND
HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO
WRIT PETITION No. 27515 OF 2007
ORDER:(Per Hon’ble Sri Justice A.Gopal Reddy)
The petitioner, who is the husband of the alleged detenu No.1viz., I.Gutti Vijaya filed this writ petition alleging that the respondentand three constables came to his house on 15.12.2007 at about 11.00p.m., forcibly took away his wife, confined in the Railway PoliceStation, Tenali and that on 17.12.2007 his mother, alleged detenuNo.2, viz., Smt. Guti Vanamma got issued telegram to the Hon’bleChief Justice as well as Human Rights Commission for taking action inthe matter and that on coming to know the same, the first respondentvisited their house on 18.12.2007 at 10.00 a.m. and took away the alleged detenu No.2 and also the alleged detenu No.3 and since then,they have been confined in the police Station.
Counter affidavit filed by the Sub-Inspector of Police, RailwayPolice Station, Tenali, first respondent herein, goes to show that on thebasis of the complaint lodged by one Malapati Chenchireddy, a casein crime No.53 of 2007 has been registered on 17.9.2007 underSection 379 (Clause I-b) IPC of Narasaraopet Railway Police Stationand investigation is taken up. During the course of investigation, itcame to light that the alleged detenus were responsible for thecommission of the crime and therefore, they were arrested and afterrecovering the stolen property, they were produced before the IIMetropolitan Magistrate, Vijayawada on 22.12.2007 and remanded tojudicial custody as per the orders of the learned Magistrate andsubsequently, they were enlarged on bail.
Having regard to the fact that the alleged detenus are accusedin connection with Crime No.53 of 2007 and they were arrested andproduced before the concerned Magistrate and subsequently enlargedon bail, we do not see any merits in the contentions that they wereillegally detained by the police.
Hence, the writ petition is dismissed. No costs.
________________
A. GOPAL REDDY, J.
31.12.2007
tsr
_______________________
NOOTY RAMAMOHANA RAO,J.