WP/24477/2004 of No. 13982955 Naik SS Suhag, Vs The Commandant, on 31 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE BILAL NAZKI

and THE HON'BLE DR JUSTICE G.YETHIRAJULU

WRIT PETITION NO : 24477 of 2004

Between:

No. 13982955 Naik SS Suhag, Trainee in Nursing Diploma Course No. 36(2year) Military Hospital, Secunderabad (AP)

..... PETITIONER

AND

1 The Commandant, MILITARY HOSPITAL, SECUNDERABAD (AP)2 THE SENIOR REGISTRAR & OFRFICER COMMANDING TROOPS MILITARYHOSPITAL, SECUNDERABAD (AP)

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a direction, orders or a Writ, more appropriately one in the nature of a WRITOF HABEAUS CORPUS directing the Respondents herein to "Produce the detenue/ petitioner herein before this Hon'ble Court and set him to his liberty to enable himexercise his legal right to institute a Case fore the appropriate Court of Law in termsof Section 190, 156(c)Cr PC, 1973 read with Section 195 IPC in the matters of afalse case fabricated against the detenue by certain persons not subject to Army Act,1950 with the active connivance of the Respondents herein by declaring denial ofsuch liberty by the 2nd Respondent herein vide his order dated 23-12-2004 and hiscontinued illegal detention in military barracks as being actuated by malice bias andprejudice and unjust, unreasonable and therefore violative of detenue'sFundamental Rights guaranteed under Articles 14, 16 & 21 of the Constitution ofIndia and therefore ULTRA VIRES" and pass such other direction, order or ordersCounsel for the Petitioner: MR.VISHAL SAXENA

Counsel for the Respondents : MR.M.RATNA REDDY (ADDL.S.C FOR C.G)FOR RMAPP-1&2

The Court made the following :

HON’BLE MR. JUSTICE BILAL NAZKI

AND

HON’BLE DR. JUSTICE G. YETHIRAJULU

W.P.No. 24477 of 2004

ORDER: (Per Hon’ble Mr. Justice Bilal Nazki)

Learned counsel for the petitioner submits that there wasanother writ petition pending in which certain orders were passed. Inview of those orders, this writ petition is not necessary which isaccordingly dismissed.

_______

BN J.

_______

GYR J.

KR

Sd/-

ASST. REGISTRAR

To

1 The Commandant, MILITARY HOSPITAL, SECUNDERABAD (AP)

2 THE SENIOR REGISTRAR & OFRFICER COMMANDING TROOPS MILITARYHOSPITAL, SECUNDERABAD (AP)HOSPITAL, SECUNDERABAD (AP)

3. 2CCs to Advocate General, High Court Building, Hyderabad (out)

4..2CD copies