Telangana High Court
WP/45331/2022 of P.Balaraju Vs The Station House Officer and 3 Others on 29 December 2022
COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY AND THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI Between: P.Balaraju, S/o.Lingamaiah, Aged about 26 years, Occ. Private Employee, R/o.H.No.1- 6, Tadoor Village,
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction)
THURSDAY, THE TWENTY NINTH DAY OF DECEIMBERTWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDYANDTHE HONOURABLE SMT JUSTICE JUWADI SRIDEVI
WRIT PETITION NO: 4s331 OF 2022
Between:
P.Balaraju, S/o.Lingamaiah, Aged about 26 years, Occ. Private Employee,R/o.H.No.1- 6, Tadoor Village, Uppununthala Mandal, Nagarkurnool District.
,..PETITIONER
AND
'1 . The Station House Officer, Uppununthala Police Station, NagarkurnoolDistrict.. The Station House Officer, Uppununthala Police Station, NagarkurnoolDistrict.
2. The Superintendent of Police, Nagarkurnool, Nagarkurnool District.3. The State of Telangana, Rep. by its Principal Secretary, Home Department,Secretariat Buildings, Hyderabad.3. The State of Telangana, Rep. by its Principal Secretary, Home Department,Secretariat Buildings, Hyderabad.
4. M.Venkataiah, S/o.Not Known to the Petitioner R/o.H.No. 1- 65, TadoorVillaqe, UppununthalaMandal, NagarkurnoolDistrict. Villaqe, UppununthalaMandal, NagarkurnoolDistrict.
...RESpONDENTS
Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may becircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a writ or order or direction more particularly in the nature of Writof Habeas Corpus directing the Respondents No.1 and 2 to produce the wife ofthe Petitioner named tVl.Jyothi Wo.P.Balraj, aged about 25 years, Rl/o.H.No.1- 65,Tadoor Village, Uppununthal Mandal, Nagarkurnool District before this HonourableCourt and set her at liberty by handing over her to the Petitioner.Counsel for the Petitioner: SRl. LATTUPALLY ANANDof Habeas Corpus directing the Respondents No.1 and 2 to produce the wife ofthe Petitioner named tVl.Jyothi Wo.P.Balraj, aged about 25 years, Rl/o.H.No.1- 65,Tadoor Village, Uppununthal Mandal, Nagarkurnool District before this HonourableCourt and set her at liberty by handing over her to the Petitioner.Counsel for the Petitioner: SRl. LATTUPALLY ANAND
Counsel for the Respondents: THE ADVOCATE GENERAL
The Court made the following: ORDER
I,
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDYANDTHE HON'BLE SMT JUSTICE JTIWADI SRIDEVI
WRIT PETITION No.45331 OF 2022
ORDER: {Per the Hon'ble Sri Justice A.Abhishek Reddg }
The present writ petition is firled to produce thepetitioner's wife, M. Jyothi, before this Court and set her atliberty.
Pursuant to the direction issued by this Court on20.12.2022, the respondent No.l has [produced ]the allegeddetenue - I\{.Jyothi before the Court.
We have interacted [.*'ith ]ail the parties i.e., petitioner,rcspondent No.4 and the alleged detenue - M.Jyothi.
The alleged detenue - M.Jyothi has stated that she is 25years old. She married the petitioner of her own free will on04.12.2022 at Arya Samaj, Shalibanda, Hycierabad, andthereafter, she has again joined with her parents. She hasfurther stated that she is under pressure from her parents andother relatives to breakup her relationship with the petitioner.She has stateci rhat if adequate protection is given, she is willingto join her husband.
After interaction with the parties, this Court is of theopinion that due to the threats made by her par_ents, the alleged detenue - M.Jyothi has initially stated before the police that sheis not willing to join her husband, but after her interaction withus, she has lirmly stated that she is willing to join her husband.
Having regard to the above, this writ petition is allowed.Since both the petitioner and the his wife - M. Jyothi apprehendthreat to their lives from .the respondent No.4 and other familymembers, tJ e responclent No.I - Sub-lnspector of Police,Uppunuthala Police Station, is directed to ensure that thepetitioner and his wife - M. Jyothi safely reach to their home.The respondent No. 1 is also directed to intimate the StationHouse Officer, Chaitanyapuri Police Station, to inform about thethreat perception of the petitioner and his wife and to providethem necessary police protection if needed.
As a sequel, miscellaneous petitions, pending if arry, shallalso stand dismissed. There shall be no ordcr as to costs.
SD/-A.V.S.PRASADASSTSTAT1REGlSTRAR//TRUE coPY/' aecffi^r oFFlcER
ITo,1The Station House Officer, Uppununthala Police Station, [Nagarkurnool]District.2The Superintendent of Police, Nagarkurnool, Nagarkurnool [District.]3The Prihcipal Secretary, Home Department, State of [Telangana, Secretariat]Buildings, Hyderabad.4One CC to SRl. LATTUPALLY ANAND Advocate [OPUC]5Two CCs to the Advocate General, High Court for the State [of Telangana ][at]Hyderabad. [OUT]b.Two CD CopiesCHRGJPBth HIGH COURT
DATED:2911212022
ORDERW.P.No.45331 of 2022
ALLOWING THE WRIT PETITIONWITHOUT COSTS
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