GADUSU PUSHPALATHA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Gadusu Narsimha alias Narsimha Yadav-detenu, the husband of the petitioner herein, was detained by the Commissioner of Police, Rachakonda Commissionerate, under detention order dated 07.06.2021 passed in exercise of power under Section 3(2) of the Telangana Preventin of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (hereinafter, 'the Act of 1986 '). The same was approved by the Government of Telangana under G.O.Rt.No.1310, General Administration (Spl.(Law and Order) Department, dated 16.06.2021. This G.O. is subjected to challenge in the present writ petition and a writ of habeas corpus is sought to produce and release the petitioner 's husband.

(2.) In the affidavit filed in support of the writ petition, the petitioner claimed that the fourth respondent herein had registered a crime against the detenu vide Crime No.636 of 2020 under Sections 376(2)(n), 354(B), 493, 506 IPC and Sections 3 and 4 of POCSO Act, 2012 and sent him to judicial remand on 06.07.2020. On an application vide Crl.M.P.No.801 of 2020 dated 16.07.2020 bail was granted to the detenu and after completion of investigation, charge-sheet was filed and it is numbered as Spl.S.C.No.8 of 2021 on the file of the learned Metropolitan Sessions Judge, Cyberabad-cum-I Additional District Judge, Ranga Reddy District at L.B.Nagar, and it is pending. The detenu filed quash petition vide Crl.P.No.2083 of 2021 against the same. The detenu and one Alimineti Srilatha Reddy-defacto complainant are acquainted with each other for more than fourteen years and they are living in relationship. Out of the acquaintance with the Alimineti Srilatha Reddy, the detenu obtained an amount of Rs.2,00,000/- and agreed to pay the same within three months. Due to misunderstanding with the detenu, Alimineti Srilatha Reddy filed C.C.No.1781 of 2010 and also lodged two criminal complaints vide C.C.Nos.270 and 573 of 2010 against the detenu. At the instance of elders, the matter was settled between them since the detenu agreed to pay an amount of Rs.10,00,000/- to the Alimineti Srilatha Reddy . A Memorandum of Understanding dated 27.10.2017 was also entered into between them in which the Alimineti Srilatha Reddy agreed that she received the amount and that she will not file any cases against the detenu. Again at the instance of the Alimineti Srilatha Reddy , the detenu purchased a plot vide Sale Deed No.10857 of 2019 dated 09.04.2019 and then she also executed Oppanda Patram on 09.04.2019 in which she admitted that the detenu purchased the plot in her name for the welfare of her children. Again, when Alimineti Srilatha Reddy insisted the detenu to purchase another plot, he expressed his inability, and therefore, she filed a complaint vide FIR No.636 of 2020.

(3.) Likewise, Alimineti Srilatha Reddy also filed several cases against the Police Officers to extract money. She lodged a complaint against one Mr.K.Rajender Reddy, Sub-Inspector of Police and he paid an amount of Rs.2,50,000/- to her and executed Understanding Deed on 12.04.2018 in which she agreed that she will not file any cases against him. Again, she also lodged a complaint against one Mr.Arun Kumar, Sub-Inspector of Police and later withdrawn the same. The Alimineti Srilatha Reddy filed another complaint against the detenu under Sections 195-A and 506 IPC, but after investigation, it was closed as 'action dropped ' and final report was filed.