The High Court · 2025

THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR WRIT PETITION NO: 26142 OF 2025 Between: Neelam Sunitha, Wo. Sande Venkatramulu, Aged about 33 years, Occ. House wife R/o. H.No.86-246, Padmavathi Colony, Mahabubnagar Town and District. AND t. .PETITIONER

1. The State of Telengana, Rep. by its Principal Secretary Home, Department, :.' .r .i Hyderabad.

2. The Director Generalof Potice (DGll,Telangana State, Hyderabad. 3. The Deputy lnspector General of Police, Jogulamba Zone, Mahabubnagar, Mahabubnagar District. 4. The Superintendent of Police, 5. The Circle lnspector of Police, 6. The Station House Officer, Makthal P.S., Narayanapet district. Narayanapet District. ti{':"' .,. |:,1 Makthal Circle, Narayanapet district. i.1 ...RESPONDENTS rr?i i ; Petition under Article 226 otthe tnstitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of Writ of MANDAMUS By declaring the ac'tion of the respondent no.S and 6 along with their team in forcefully and illegally taking custody of the petitioner husband namely Sande Venkatramulu, S/o.Surender on 30.08.2025 at about 7.4Oam hours at Padmavathi Colony Common, Mahabubnagar and illegally detained in the 5th respondent police station without issuing any notice to the petitioner and without following due process of law is illegal arbitrary and violation of Article 14 and 22 of Constitution of lndia and Consequently direct the Respondent No.4 to 6 to release the petitioner husband fo$hy.vith,.**.*-,. .: i 't. ' f i,"' i' n "it.,... !' I lA NO: 1OF 2A25 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent no. 2 and 3 to take action against the respondent No.S and 6 who illegally detained the petitioner husband in their police station, pending disposal of the writ petition. Counsel for the Petitioner: SRI MOGILI ANAVENI Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER I T I I I I I i i { I i i i t i i : t, ^. *- t., r ?4. q. . !. i i.i- , g t I I i , i E ! I i ; i I THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR ORDER: Heard learned counsel for the petitioner and Iearned Government Pleader for Home appearing for respondent Nos.1 to 6. with their consent, this writ petition is being taken up for disposal at the admission stage itself. 2- This writ petition has been filed seeking the following prayer:- "to declnre tle,action .?t ry resyondent no.s and 6 arong with their tearu in forcefutlt1 aya ilbgatly taking custody of fiu petitioncr husband nanrcly snnde venkatramulu, s/o {urender-oi soia.zozs at about 7: 40nru lnurs at padmattathi C-orony commory Mahabubnagar and illegnlly detained i" .lp stn resyoy(nt police station withoui issuing any notice to the petitioner and uithaut ftllotoing due process of lau, is illegnl, nrbitrnry nnd aiolation of Artic{e ln anizz oi c_onstiitio, of lndin nnd Consequently direct itu Respondent No.4 io 6 to release tlrc pe t i t i o ne r I ursban d for throi th.,,

3. Bricf facts state<I in this writ petition are that on 0g.01.2025, one M.PaVani Kunrari, gave a complaint against the petitioner,s husband and FIR No.10 of 2025 was registered for offences under section gz6, s06 of IpC. Thercafter, Fretitioner's husband filed CrI.P.No.76g ot2025and this Court uide order datecl 21.01.2025, granted anticipatory barl, subject to petitio.er fulfilling certain conditions and the sarne were compried by petitio.er,s husband without fail. The case of the petitioner is ttrat on 30.0g.2025 at ab.ur 7:40 hours, resp.ncrent Nos.5 and 6 along with their team, forcefully anc{ illegallv detai.cd petitioner's husband. Aggrieved, by the same this writ petition is filed 2

4. Learned Government Pleader for Home appearing for respondent Nos.1 to 6 placed on record instructions issued by Sub-Inspector of Police, Makhthal Police Statiory Narayanpet District, wherein it is stated that the petitioner's husband was involved in Cr.No.10 of 2025 dated 09.0L.2025 under Section 376, 506 IPC and during the investigatiorl petitioner,s husband obtained conditional anticipatory bail. It is further stated that the Principal District and sessions Judge, Narayanpet, oide order dated 26.0g.2025 in crl.M.P.No.zAz of 202t"in Crime No.10 of 202s directed the petitioney's husband to appear for potency test at the Government General Hospital, Narayanpet. Flence, for the purpose of the said test, the respondent police had taken the petitioner to the the Government General Hospital, Narayanpet and after conducting of the potency tcst, ihe petitioner's husband returned to his home on the same day at 11.04 A.M.

5. Learned Government Plcader for Home further submits that except conducting investigation in Cr.No.l0 of 2025 and complying with the order dated 26.08.2025 passed in Crl.M.P.No.207 of 2025 in Crime No.10 of 2025, the respondent police did not dctainecl thc petitioner's husband.

6. Recording the subrnissions nracle bv the learned counsel appearing on either sides ancl in view ot thc iact that the respondent police in pursuant to order passed by the Principal District and sessions Judge, Narayanpet, in Crl.M.P.No.207 of 2025 in Crime No.10 of 2025 dated 26.08.2025, had taken the petitioner to the 9cv'ernment General Hospital, Narayanpet, for the purpose .7 3 of conducting potency test, this Court deems it appropriate to dispose of the writ petition granting liberty to the petitioner to pursue his remedy as available under law.

7. with the above observatiory this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. SD/. U.SUDHA ASSISTANT REGISTRAR6 SECTION OFFICER //TRUE COPY/ To, Hyderabad

1. Tfte Principal Secretary Home Department, The state of retengana, 2. The Director General of police (DGp), Telangana State. Hvderabad. 3. The Dep utv r n s p_ecro r Ge nera I ot po - I\rlahabubnagarDistrict. -"--'--v- 4. The Suoerintende.nt of_lollce, Narayanapet District. !. Ih" Cirbte tnspecror or poiii6,'frIl I ffi ff$si-ennni8rq$1',m#**r'*ir;x*:,,,.,,, t i..ie, logilarioi'2;l;:'G ffiffi naga r, BN TKS hrr,. \ I E I I I I I , I i i H]GH COURT DATED.0210912025 \ \ WP.No .26142 of 2A25 iHE Sh ( Qr) 0 I JAN 2t]26 )t Z.,) ,..u!' .-k-:!_-:' " ' DISPOSI NG OF THE WRIT PETITION Dfnd,,u / \--/ \Btr"-1"; '. ...:-, -. +-,**ipr.r #" -{dia'l.r' r "| .11.