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2020 DIGILAW 695 (TS)

Nazeer Unnisa v. Commissioner Of Police

2020-09-11

B.VIJAYSEN REDDY, RAGHVENDRA SINGH CHAUHAN

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JUDGMENT Raghvendra Singh Chauhan, C.J. - Ms. Nazeer Unnisa, the petitioner has filed the present habeas corpus petition ostensibly on the ground that her grandson, Mr. Fahad Khan, was picked up by the Police on 27.08.2020, and ever since then, he is being illegally detained at the Langer House Police Station by the Station House Officer, respondent N. 3. 2. On 10.09.2020, this Court had directed the Station House Officer, respondent No. 3 to produce the detenu before this Court. Consequently, the detenu was produced before this Court. This Court had interacted with Mr. Fahad Khan. Considering the fact that Mr. Fahad Khan was so scared to speak anything before the Court, this Court had directed, by its order, dated 10.09.2020, that Mr. Fahad Khan be kept at the Saidabad Observation Home. Consequently, he was kept at the Observation Home. 3. Today, the Superintendent of the Observation Home has produced the detenu before this Court. 4. The learned counsel for the State informs this Court that the detenu is involved in a criminal case, and has been legally arrested in connection with F.I.R. No. 147 of 2020, registered at Police Station, Langer House, Hyderabad. Subsequently, the detenu was produced before the concerned Judicial Magistrate, and the Magistrate has sent him to judicial custody. 5. However, the learned counsel for the petitioner pleaded that while the detenu was illegally detained from 27.08.2020 till his arrest, and production before the learned Judicial Magistrate, he was subjected to torture by the Police. Therefore, this Court had directed that the detenu be produced before this Court, as it was imperative to find out from the detenu himself whether he was subjected to any third degree method or not/ 6. Mr. Fahad Khan informs this Court that, in fact, he was picked up by the Police on 27.08.2020; in fact, he was subjected to assault by the Police personnel. However, he equally admits that presently, he has been arrested for F.I.R. No. 147 of 2020, registered at Police Station, Langer House, for offence under Section 379 I.P.C. He further informs this Court that he was produced before the concerned Magistrate, and has been sent to judicial custody. 7. The statement of Mr. Fahad Khan clearly reveals that his custody, presently, is a legal one. Therefore, this Court does not find any merit in the present habeas corpus petition. Hence, it is, hereby, dismissed. 8. 7. The statement of Mr. Fahad Khan clearly reveals that his custody, presently, is a legal one. Therefore, this Court does not find any merit in the present habeas corpus petition. Hence, it is, hereby, dismissed. 8. The Superintendent, Observation Home, Saidabad, is directed to handover the custody of detenu to the Superintendent, Central Jail, Chenchalguda. The Superintendent, Central Jail, Chenchalguda, is directed to ensure the safety of the detenu, and to provide him necessary medical treatment, if required. This Court further directs the Station House Officer, Langer House Police Station, respondent No. 3 to objectively investigate the case, which is registered against Mr. Fahad Khan. This Court further grants the liberty to Mr. Fahad Khan to institute a civil suit for seeking damages from the State for the alleged illegal detention from 27.08.2020 till the date he was produced before the Judicial Magistrate. 9. Miscellaneous petitions, pending if any, shall stand closed. No order as to costs.