M. Narasimha Murthy v. The Station House Officer, Tadepalligudem Town Police Station, Tadepalligudem, West Godavari District & Anr.
Case at a glance
Outcome
Dismissed
Accordingly, the writ petition is dismissed, at the stage of
Provisions considered
- Immoral Traffic Prevention Act, 1956 ss. 3, 4, 5, 6, 7, 8
Key paragraphs
- Para 55. Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. JUSTICE D.S.R.VARMA ________________________ JUSTICE D. APPA RAO 01-05-2007. Msr. ________________________ THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE D. APPA RAO Taken…
Judgment
THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE D. APPA RAO Taken up Writ Petition No.8722 of 2007 ORAL ORDER: (per the Hon’ble Sri Justice D.S.R. Varma) Heard the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents.
This writ petition is taken up on the basis of a telegram, dated 18-04-2007, sent by one M. Narasimha Murthy, resident of Tanuku, West Godavari District, alleging that his sister, namely Vedurupaka Govindamma, w/o. Siva, resident of Old Town, Tanuku, was forcibly taken away from her house by D.Venkateswara Rao, Sub-Inspector of Police, Tadepalligudem; S.S.Bala Krishna, A.S.I., Tadepalligudem; and Nakkasurya Chandra Rao, Inspector of Police, Tadepalligudem, West Godavari District; and illegally detained since two days in Tadepalligudem Town Police Station, and apprehending danger to her life.
The Sub-Inspector of Police, Town Police Station, Tadepalligudem, West Godavari District, filed counter affidavit, inter alia, stating the husband of the alleged detenu, namely Vedurupaka Siva is Accused No.5 in Crime No.66 of 2007 registered for the offence under Section 3, 4, 5, 6, 7 and 8 of Immoral Traffic Prevention Act, 1956, on the file of Tanuku Rural Police Station, on 19- 04-2007. It is also stated that on 20-04-2007 the husband of the detenu along with other detenus was enlarged on bail by the learned II Additional Judicial First Class Magistrate, Tanuku, on depositing cash of Rs.5,000/- each. The learned Magistrate enlarged them on regular bail on furnishing the sureties and importantly that the alleged detenu herself stood as surety to her husband in obtaining bail. He asserted that the alleged detenu was never detained.
From the above said facts, it is obvious that the alleged detenu was not in illegal custody at all, and that the complaint is totally untrue. Therefore, the writ petition is liable to be dismissed.
Operative part
Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. JUSTICE D.S.R.VARMA ________________________ JUSTICE D. APPA RAO 01-05-2007. Msr. ________________________ THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE D. APPA RAO Taken up Writ Petition No.8722 of 2007 01-05-2007 (Msr)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the writ petition is dismissed, at the stage of
Which statutory provisions did this judgment involve?
Immoral Traffic Prevention Act, 1956 — ss. 3, 4, 5, 6, 7, 8.
Which court decided this case, and when?
Andhra Pradesh High Court, on 01 May 2007. The bench was D S R VARMA, D APPA RAO.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.