Sonam Bai vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO THE HONOURABLE DR.

JUSTICE SHAMEEM AKTHER AND THE HONOURABLE SMT JUSTICE JUVVADI SRIDEVI WRIT PET ITION NO: 9312 OF 2022 Between: Sonam Bai, D/o.Late Bansi Singh, Aged about 22years., Occ:.Student, R/9,H'No 14- iO-sbt, M6han Dass Matt, L6wer-Dhoolpet, M'angalhat, Hyderabad, Telangana State, ...PETITIONER AND '1 .

The State of Telangana, Rep by its Principal Secretarylo Government, General Administrition Depbrtrient (Poll), Secretariat, Hyderabad 2.

The Commissioner of Poliie and Addl District Magistrate (Executive), Hvderabad Citv.

Hvderabad District.

3.

The Superintenderit, Chenchalguda Central Prison, Chenchalguda, Hyderabad. ,,.RESPONDENTS Petition under Article 2?6 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue writ, order, direction particularly in the nature of writ of Habeas Corpus directing the respondents to produce the detenue by name Goru Singh @ Goru, S/o.Late Bansi Singh, aged about 2'1 years, occ.

Ganesh ldol Maker, Rlo' H.No.14-10-501, Lower Dhoolpet, Manghalhat, Hyderabad before this Hon'ble court and set him at liberty by declaring the detention order 01 .11.2021 issued in Proceedings sB(l).No.296/PD-7lHYDlzO2l passed by the 2nd respondent and all the consequential orders passed by the 1st respondent as illegal, arbitrary.

Counsel for the Petitioner: SRl.

K.

SATISH CHAKRAVARTHY Counsel for the Respondents: THE ADDITIONAL ADVOCATE GENERAL IT IS ORDERED AS FOLLOWS PRESENT THE HON'BLE Dr.

JUSTICE-SIIAMEEM AKTHER D THE HON'BLE SMT.

STICE ]UVVADI SRIDEVI WRIT PE NN L2 0F 2022 I ADVANCE ORDER: ( Hon'ble Dr.SA,J) In the resulti the Writ Petition is allowed.

The impugned detention order vide SB(l) No.296lPD-7 lHYD/2O2L dated 0L,LL.2021, passed by the respondent No. ondent No.2, and the consequential confirmation order, vide G.O.Rt.No.197 General Administration (Special (Law and Order)) Department, dated 28.01.2022, passed by the Principal Secretary to Government, General Administration (Special (Law and Order)) Department, Government of Telangana, are hereby set aside.

The respondents are directed to set the detenu, namely Goru Singh @ Goru S/o. late Bansi Singh, at liberty forthwith, if he is no longer required in any other criminal case. ( Detailed order follows) SD/.R.KARTHIKEYAN To, Specia Satish Chak //TRUE COPY// ASSISTANT REGISTRAR v' SECTION OFFICER 1.

The Princi pal Secreta ry to Government General Administration Department (Poll State of Telano ommissioner oi Police and Addl Hvd District Magistrate (Executive), 2. fhe c ana, Secretariat erabad Hyderabad C ity, Hyderabad District 3.

The Su Hydera p b erintendent ad. (By to Sri K Chenchal I Mess ravarthy, Advoc guda Central Prison enger) Chenchalguda, 4.

One CC 5.

Two CCs to the Additional Advocate General Telangana at Hyd 6.

Two CD Copres 7.

One Spare ate [OPUCI High Couri for the State of L,- t CH R copy erabad. [OUT] \ Lti HIGH COURT DATED :28 10412022 ADVANCE ORDER W.P.No.9312 ot 2022 ALLOWING THE WRIT PETITION WITHOUT COSTS { 2 B APfl 202 B n\>2 \\