(1.) The detention of one Mr. Syed Noor @ Syed Baam, is questioned in this writ petition, by his wife.
(2.) At the hearing, it is not disputed that in the case of the co-accused, namely, Mohd. Zakir Ali, this Court on 15.11.2016 has dismissed Writ Petition No.21371 of 2016 filed questioning his detention. Mr. K. Venumadhav, learned counsel for the petitioner, while fairly submitting that both the accused are co-accused in all the cases registered against them for which they have been detained, however, submitted that some of the points which were relevant could not be raised in the said writ petition. He has further submitted that the detention order is vitiated as respondent No.3 has failed to consider two aspects, namely, (i) that he has failed to look into the statements recorded under Sec. 161 of Crimial P.C. in the criminal cases registered against the detenu and (ii) that he did not consider in proper perspective the fact that the two criminal cases, namely, Crime No.36 of 2004 of Jubilee Hills Police Station and Crime No.129 of 2010 of Asifnagar Police Station ended in acquittal. In support of his submission, the learned counsel placed reliance on the judgment of this Court in A. Raja Reddy Vs. Collector and District Magistrate, 1996 (4) ALT 305.
(3.) The learned Government Pleader for Home (TS) opposing the above submissions submitted that in every case it is not necessary to look into every material, such as, statements recorded under Sec. 161 of CrPC. He has relied upon the judgment of the Supreme Court in Vinod K. Chawla Vs. Union of India, (2004) 7 SCC 337 , to buttress his submission. With regard to the second submission of the learned counsel for the petitioner, the learned Government Pleader submitted that respondent No.3 has applied his mind to the fact of acquittal of the detenu in Crime No.36 of 2004 and Crime No.129 of 2010 as evident from the impugned detention order itself and that therefore the judgment in A. Raja Reddy (1 supra) relied upon by the learned counsel for the petitioner has no application.