Supreme Court - Daily Orders
S Penchalamma vs State Of Andhra Pradesh on 17 April, 2017
Bench: S.A. Bobde, L. Nageswara Rao
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.727 OF 2017
(Arising out of SLP(Crl.) No.1639 of 2017)
S PENCHALAMMA ....APPELLANT(S)
VERSUS
STATE OF ANDHRA PRADESH AND ORS ....RESPONDENT(S)
O R D E R
Leave granted.
Heard learned counsel appearing for the parties and perused the record.
The order of detention dated 18.06.2016, has been issued by the Collector & District Magistrate, Chittoor, under section 3(1)(2) read with section 2(a) & 2(g) of A.P. Prevention of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short, the 'Act'), for a period of 12 months. In the case of Cherukuri Mani W/o Narendra Chowdari vs. Chief Secretary, Government of Andhra Pradesh and Ors. - 2015 (13) SCC 722, this Court has held that such a Signature Not Verified detention order cannot be issued in the first instance Digitally signed by SANJAY KUMAR Date: 2017.04.17 17:19:14 IST Reason: for a period beyond three months.
Accordingly, we allow this appeal, and set aside the aforesaid detention order dated 18.06.2016 passed by the 2 Collector & District Magistrate, Chittoor, as also the impugned judgment and order dated 4.1.2017 passed by the High Court of Judicature at Hyderabad in Writ Petition No.28748 of 2016. The detenu shall be set at liberty forthwith, if not required in any other case.
....................J [S. A. BOBDE] ....................J [L. NAGESWARA RAO] NEW DELHI;
APRIL 17, 2017.
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O U T - T O D A Y
ITEM NO.49 COURT NO.9 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).1639/2017 (Arising out of impugned final judgment and order dated 04/01/2017 in WP No.28748/2016 passed by the High Court Of A.P. At Hyderabad) S PENCHALAMMA Petitioner(s) VERSUS STATE OF ANDHRA PRADESH AND ORS Respondent(s) Date : 17/04/2017 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE L. NAGESWARA RAO For Petitioner(s) Mr. Krishna Dev J., Adv.
For Mr. Harsh Parashar,Adv. For Respondent(s) Ms. Prerna Singh, Adv.
For Mr. Guntur Prabhakar,Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order. The detenu shall be set at liberty forthwith, if not required in any other case.
Pending interlocutory applications, if any, stand disposed of.
(Sanjay Kumar-II) (Indu Pokhriyal)
Court Master Court Master
(Signed Order is placed on the file) (Copy of this order be given today)