Telangana High Court
WP/25748/2007 of Hiralal Vs The Station House Officer, on 27 December 2007
A . GOPAL REDDY AND HONOURABLE SRI JUSTICE G. BHAVANI PRASAD W.P.No.25748 of 2007 DATE: 27.12.2007 Between: Hiralal, S/o Bhakarramji, …. Petitioner And: Station House Officer, Central Crime Station, Karimnagar, Karimnagar District and 3 others. …. Respondents ORDER: (Per.
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HONOURABLE SRI JUSTICE A. GOPAL REDDYAND
HONOURABLE SRI JUSTICE G. BHAVANI PRASAD
W.P.No.25748 of 2007
DATE: 27.12.2007
Between:
Hiralal, S/o Bhakarramji,
…. Petitioner
And:Station House Officer, Central CrimeStation, Karimnagar, Karimnagar Districtand 3 others.
…. Respondents
ORDER: (Per. Hon’ble Sri Justice A. Gopal Reddy)
Hiralal, the petitioner herein, sent a telegram to the Hon’ble theActing Chief Justice dated 19.11.2007 alleging that the workers of hisshop viz., Jagdish and Kachararam were illegally taken away from hisshop by Sri Butchi Reddy, Sub. Inspector of Police, Sri Satyanarayanaand Ramarao, constables and two armed gunmen of Central CrimeStation, Karimnagar on 19.11.2007 apprehending danger to their lives,and hence, the said telegram has taken up as writ petition.
In response to the notice issued by this Court, the Inspector ofPolice, Central Crime Station, Karimnagar filed an affidavit denying theallegations of the telegram. It is stated that the alleged detenues 1 and 2 are accused 2 and 3 in Crime No.13 of 2007 registered for theoffences under Sections 457 and 380 IPC on the file of Central CrimeStation, Karimnagar and they were also shown as accused Nos.2 and3 in Crime Nos.92 of 2007, 190 of 2006 and 220 of 2006 for theoffences under Sections 457 and 380 IPC of Central Crime Station,Karimanagar and in all the above four cases, the alleged detenueshave been absconding and they were also shown as accused in Cr.No.663 of 2006 of Kushaiguda Police Station and Cr. No.107 of 2007of Nalgonda Police Station for the very same offences. Whileinvestigation is going on in Cr. No.13 of 2007, the accused No.1-Mekala Siddhartha alias AnoopKumar was arrested on 4.10.2007 by Kushaiguda Police in connectionwith Cr.No.663 of 2007 and remanded to judicial custody. The 1[st]respondent herein obtained necessary permission for police custodyfor interrogation and on grant of police custody by Addl. JudicialMagistrate of First Class, Karimanagar for two days, they interrogatedthe accused No.1 on 19.11.2007 and recorded his confessionalstatement which is annexed to the counter apart from FIR and chargesheet were filed.
In the light of the confessional statements made by accused 1and 2 and Panchanama prepared on 19.11.2007, which goes to showthat in Cr. No.13 of 2007 both the detenues were absconding to avoidtheir arrest and the said telegram appears to have been sent to preventof their arrest, we do not see any truth in the contents of the saidtelegram, and the detention of the detenues illegally by the police asalleged.
Accordingly, the writ petition is dismissed. However, it is madeclear that as and when the alleged detenues were arrested inconnection of the above crime, they should be produced before concerned Magistrate forthwith for obtaining appropriate orders in thatregard.
____________________A. GOPAL REDDY, J
Date: 27[th] December 2007
_________________________G. BHAVANI PRASAD, J
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