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

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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.

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