High CourtsDivision Bench(2021) 06 TEL CK 0008

Farhat Kausar vs State Of Telangana

Telangana High Court · Decided on 14 June 2021

HON’BLE JUDGES
A.Rajasheker Reddy, J · Shameem Akther, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 19999 Of 2020

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Judgment

38 paragraphs · 407 words

Crime No.,"D a t e of

Occurrence","Date of registration

of FIR",Offences,Nature

290/2020 of Dundigal

PS",23.04.2020,23.04.2020,"Sections 376 DA

363, 188, 269, 270 of

IPC, Section 5(l)(g

read with Section 6

of POCSO Act rea

with Section 3 of

Epidemic Diseases

Act, 1897",",Section 376- DA IPC

and Section 5(l)(g)

)read with Section 6

of POCSO Act

dCognizable/ Non-

Bailable,

Sections 363, 188,

269, 270 IPC and

Section 3 of

Epidemic Diseases

Act, 1897-

Cognizable/ Bailable,

fear in the minds of the public at large. In view of the material on record, the apprehension of detaining authority is justified. Therefore, the contention",,,,

raised by the petitioner is unsustainable. The detaining authority had sufficient material to record subjective satisfaction that the detention of the detenu,,,,

was necessary to maintain public order and even tempo of life of the community. The order of detention does not suffer from any illegality. The,,,,

grounds of detention, as indicated in the impugned order, are found to be relevant and in tune with the provisions of the P.D. Act. Since the detenu",,,,

was granted bail in the aforesaid case relied by the detaining authority, there is nothing wrong on the part of the detaining authority in raising an",,,,

apprehension that there is possibility of the detenu indulging in similar shameful and inhuman acts of sexual assault on minor girls and women exploiting,,,,

their innocence in a deceptive manner in due course, which would again certainly affect the public morale at large. The manner in which the alleged",,,,

offence committed by the detenu makes it amply clear that there is every possibility of detenu committing similar offences in future, which are",,,,

prejudicial to the maintenance of public order. The subjective satisfaction of the detaining authority is not tainted or illegal on any account. Further, the",,,,

material placed on record reveals that the detenu was supplied with the material relied upon by the detaining authority in the language known to him,",,,,

i.e., Hindi apart from ‘English’. The acts of the detenu cannot be effectively dealt with under ordinary criminal law. Under these circumstances,",,,,

the detaining authority is justified in passing the impugned detention order. Therefore, the impugned orders are legally sustainable. We do not see any",,,,

merit in this Writ Petition and as such, it is liable to be dismissed.",,,,

16.

The Writ Petition is, accordingly, dismissed. There shall be no order as to costs.",,,,

The miscellaneous petitions pending, if any, in this Writ Petition, shall stand closed.",,,,