“Detenu Is Free to Pursue Legal Remedies if Detenu’s Personal Liberty Is Violated by the State: Telangana High Court”

Must Read

Lahore High Court Outlaws Two-Finger Virginity Test

The Lahore High Court in Pakistan has outlawed the use and conduct of virginity tests, namely, the use of...

London Court Rejects Assange’s Extradition – What Happens Now? 

Earlier last week, District Judge Vanessa Baraitser, sitting in the Westminster Magistrates’ Court denied the Government of the U.S.A.'s...

Calcutta High Court Decides in Favor of Contractor as He Accidentally Pays an Excessively High Amount

Introduction The present writ petition has been filed for a writ in the nature of mandamus commanding the Respondents to...

Petition Filed in Delhi High Court Challenging the New Privacy Policy of WhatsApp

A petition has been raised before the Delhi High Court challenging the updated privacy policy of the instant messaging app, WhatsApp. It is accused of looking into the virtual activities of the users,

Bombay High Court Says Pleas Against the Rejection of Nomination Before the Polls Is Not Maintainable

Bombay High Court on Wednesday held that a candidate cannot challenge his nomination by filing a writ petition before a court prior to the polls after his nominations have already been rejected by the Returning Officer (RO) for the Panchayat elections of January 15.

Bombay HC: It Will Be Difficult if Civic Bodies Don’t Take Action on Illegal Constructions

The Bombay High Court said on Wednesday that if the Municipal Corporations do not take action on the illegal constructions, things will become very difficult. This observation was made by a bench comprising Chief Justice Dipankar Dutta and Justice Girish Kulkarni while hearing a PIL after the Bhiwandi building collapse on September 21st, 2020 which led to the death of 39 lives. Mumbai Thane, Ulhasnagar, Kalyan-Dombivli, Vasai-Virar, Navi Mumbai, and Bhiwandi-Nizampur corporations were filed as respondents.

Follow us

Excerpt:

In David Sophia Pranathi vs The State Of Telangana And three Others, on January 4, 2021, though Telangana High Court directed that the detenu happened to be in judicial custody, it was also directed that if detenu’s personal liberty has been violated by the State, he will be free to pursue the legal remedies available to them against the State.

Brief Facts of the Case:

The Petitioner’s husband, Mavuduru Rama Kumar, was picked up by the Station House Officer, Madhapur Police Station-Respondent No.4 on 23.12.2020 around 06:00 am. Ever since then, his whereabouts are unknown. Therefore, the petitioner has a bona fide belief that her husband is illegally detained by him.

Submission of the Petitioner: 

Mr R. Anurag was the learned counsel for the Petitioner. He submitted that the detenu was picked up on 23.12.2020 and was illegally detained till 30.12.2020.

Submission of the Respondents: 

Mr T. Srikanth Reddy submitted that on 12.12.2020, Ms K. Keerthi had lodged a complaint with Respondent No.4 wherein the detenu was arrayed as Accused No.3. The said FIR has been registered for the offences under Sections 420, 406, 506 read with Section 34 of IPC. During the course of the investigation, the detenu was arrested on 30.12.2020, and on 31.12.2020, he was produced before the learned XII Additional Metropolitan Magistrate at Kukatpally, Cyberabad. The detenu was remanded by the Magistrate to judicial custody. Therefore, according to the learned Government Pleader, the custody of the detenu is a legal one.

Order of the Court:

After hearing the learned counsel for the parties, the Court decided, as of that day, the detenu happened to be in judicial custody. Therefore, his custody was, indeed, a legal one. Hence, this Court did not find any merit in the present Habeas Corpus Writ Petition. However, it was clarified that in case the Petitioner or the detenu is of the opinion that the detenu’s personal liberty has been violated by the State, they shall be free to pursue the legal remedies available to them against the State.

Click here to view the judgment.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments from the Court. Follow us on Google NewsInstagramLinkedInFacebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Lahore High Court Outlaws Two-Finger Virginity Test

The Lahore High Court in Pakistan has outlawed the use and conduct of virginity tests, namely, the use of the “two-finger” virginity test and...

London Court Rejects Assange’s Extradition – What Happens Now? 

Earlier last week, District Judge Vanessa Baraitser, sitting in the Westminster Magistrates’ Court denied the Government of the U.S.A.'s request to the U.K. to...

Calcutta High Court Decides in Favor of Contractor as He Accidentally Pays an Excessively High Amount

Introduction The present writ petition has been filed for a writ in the nature of mandamus commanding the Respondents to revoke the Petitioner’s offer as...

Petition Filed in Delhi High Court Challenging the New Privacy Policy of WhatsApp

A petition has been raised before the Delhi High Court challenging the updated privacy policy of the instant messaging app, WhatsApp. It is accused of looking into the virtual activities of the users,

Bombay High Court Says Pleas Against the Rejection of Nomination Before the Polls Is Not Maintainable

Bombay High Court on Wednesday held that a candidate cannot challenge his nomination by filing a writ petition before a court prior to the polls after his nominations have already been rejected by the Returning Officer (RO) for the Panchayat elections of January 15.

Bombay HC: It Will Be Difficult if Civic Bodies Don’t Take Action on Illegal Constructions

The Bombay High Court said on Wednesday that if the Municipal Corporations do not take action on the illegal constructions, things will become very difficult. This observation was made by a bench comprising Chief Justice Dipankar Dutta and Justice Girish Kulkarni while hearing a PIL after the Bhiwandi building collapse on September 21st, 2020 which led to the death of 39 lives. Mumbai Thane, Ulhasnagar, Kalyan-Dombivli, Vasai-Virar, Navi Mumbai, and Bhiwandi-Nizampur corporations were filed as respondents.

Uttarakhand High Court Directed State Authorities To Frame SOP Regarding Kumbh Mela 2021

Noticing the commencement date of Kumbh Mela 2021 amid pandemic from 27 February 2021, the Uttarakhand High Court on Monday expressed concern with regard to organizing and conducting of the Mela and directed State Authorities to discuss and resolve the logistical problems which can come in organizing the Mela during the pandemic time.

Writ Petition Not Maintainable Against Mahindra Finance, Being a Purely Private Body: Allahabad High Court

The Allahabad High Court reiterated that Writ Petition against the purely private body is not maintainable and dismissed the petition which was filed against Mahindra Finance Bank as Arif Khan v. Branch Manager Mahindra Finance Sultanpur & Another.

Publication of Notices for Inter-Faith Marriages No Longer Mandatory: Allahabad High Court

The Allahabad High Court has passed a landmark judgment that likely brings relief to inter-faith marriage. The Court on Wednesday said that the mandatory publication of Notices of Inter-Faith marriages will now be optional to protect the Privacy and Liberty of the Couple. The Court observed that the publication of the notice would “invade the fundamental rights of liberty and privacy”. Therefore, it has made it optional for the couple, they can now request in form of writing to a marriage officer to publish or not to publish a notice regarding the marriage.

Bombay High Court to NIA: Consider Health and Age of Varavara Rao Before Opposing His Bail Plea

The Bombay HC on Wednesday observed that ‘we are all humans’ and asked the National Investigation Agency and the Maharashtra Government to consider the health and age of the Telugu poet-activist Varavara Rao before making submissions in response to his bail plea application on medical grounds.

More Articles Like This

- Advertisement -