AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsel for petitioner Sri P.Trivikram Reddy and learned Government Pleader for Home appearing for learned Additional Advocate General for respondents.
This writ petition is filed seeking following relief:
“……….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 i.e. Pairdha Kiran Babu Kiran now detained in Central Prison Hyderabad at Chanchalguda before this Honourable Court and set aside the the impunged detention order passed by the 2nd Respondent vide SB(I) No 119/PD6/ HYD/2021 dt 17/04/2021 and approved by by the 1st Respondent as being illegal arbitrary improper unilateral unconstitutional and violative of Article 21 and 22 of the Constitution of India and to forthwith release the Detenue and to grant……….”
This writ petition is filed challenging the order of detention dated 17.4.2021 based on involvement of the detenue in four crimes i.e., Crime No. 29 of 2021 under Sections 457 and 380 IPC of Malkajgiri Police Station; Crime No. 12 of 2021 under sections 457 and 380 IPC of Osmania University Police Station; Crime No. 46 of 2021 under sections 457 and 380 of IPC of Uppal Police Station and Crime No. 44 of 2021 under section 457 and 380 of IPC of Hayathnagar Police Station. In all the four crimes, detenue herein is accused no.2.
Co-accused in the above crimes was also detained by a separate order of detention dated 17.4.2021 and challenging the same, he filed W P No. 14746 of 2021 and this Court by order dated 20th September, 2021 allowed the said writ petition setting aside the order of detention.
In the circumstances, following the orders passed by this Court in W.P. 14746 of 2021 dated 20.9.2021 and for the same reasons as assigned therein, this writ petition is allowed and the order of detention passed by second respondent vide SB(I) No.119/PD-6/HYD/2021 dated 17.4.2021 and the consequential confirmation order of the Principal Secretary, General Administration (SPL.(Law & Order) Department, Secretariat, Hyderabad-1st respondent confirming the detention vide G.O.Rt.No.1432, General Administration (SPL.(Law & Order) Department dated 5.7.2021, are hereby set aside. The respondents are directed to set the detenu, namely Pairdha Kiran Babu @ Kiran s/o late Peddababu, aged about 30 years Occu: Painting work R/o D No. 3-3, 4th lane, A.T Agraharam, Guntur town, Guntur district, Andhra Pradesh detained in Central Prison, Chanchalguda, Hyderabad district, at liberty forthwith, if he is no longer required in any other criminal case. Miscellaneous applications, if any pending stand closed.