Abdul Basheer v. The State Of Telangana And 2 Others
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction) TUESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION NO: 13996 OF 2020 Between:
Abdul Basheer, S/o. Abdul Rasool, aged 24 years, Occ: Pvt. Service, Rl/o. H.No. 18-8649/A/100, Mohd Nagar, Edi Bazar, Charminar, Yakutpura, Hyderabad, Telangana State.
...PETITTONER AND
1. The State of Telangana, Rep. by its Principal Secretary, General Administration Spl. (Law and Order) Department, Secretariat, Hyderabad.
2. The Commissioner of Police and Additional District l\,4agistrate (Executive) Hyderabad City, Hyderabad.
3. The Superintendent, Central Prison Hyderabad at Chanchalguda. ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Habeas Corpus, directing 3rd Respondent to produce the detenue viz., l\,4ohd Akbaruddin Farooqui @ Akbar now detained in Central Prison Hyderabad, at Chanchalguda before this Hon'ble Court and set-aside the impugned detention order passed by the 2nd Respondent vide S.B (l). No.11l PD-31 HYO|2020, dt. 06/03/2020 and confirmation order passed by the 1st Respondent vide G.O.Rt.No.862, dated 1110512020 as being illegal, arbitrary, improper, unilaterai, u nco nstitutio na I and violative of Article 21 and 22 of the Constitution of lndia, and to forthwith release the Detenu.
Counsel for the Petitioner: SRl. PASHAM TRIVIKRAM REDDY l Counsel for the Respondents: SRI T. SRIKANTH REDDY, GP FOR HOME IT IS ORDERED AS FOLLOWS
THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.13996 of 2O2O ADVANCE ORDER:
The Writ Petition is allorvcd. Tht: imprLgnr:d cletcntion ordcr dated 06.03.202O and the confrrmation order datcd I 1.05.2020 are hcreb-v set aside. The rcspondcnts arc directecl to set thu dete,,tt, namell' Mohd. Akbaruddu-r Farooqui l(r. Akbar, Si o. Mohd. Mol'isin , at Iiberty lorthwith, in case hc is no Ionger cletainr:d in the crimin:ri cases which have been registered so lar against him. (Detailed Judgment follows.. . .... ) SD/. M.MANJULA ASSISTANT REGISTRAR L'J. C*,---- //TRUE COPY// \ SECTION OFFICER To,
1. The Principal Secretary. General Administration Spl. (Law and Order) Department, State of Telangana Secretariat, Hyderabad. Z. in5 Commissioner, of Polic-e and Addl District ir,4agistrate (Executive) Hyderabad City, Hyderabad.
a. Tni; Superintendent, Central Prison Hyderabad' at Chanchalguda (By Special Messenger)
4. One CCIo Sri Pasham Trivikram Reddy, Advocate IOPUC] 5 Two CCs to GP for Home, High Court f6r the State of Telangana at Hyderabad' IOUT]
6. Two CD Copies CHR \
HIGH COURT DATED:2911212020 'r $E 2I Dtc 2P6 /o I c.l .r1l ADVANCE ORDER W.P.No.13996 of 2020 ALLOWING THE WRIT PETITION WITHOUT COSTS @ff