Telangana High Court
Mallu Ravi vs The State Of Telangana on 13 October, 2023
Author: K. Lakshman
Bench: K. Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
AND
HON'BLE SMT. JUSTICE K. SUJANA
WRIT PETITION No.44969 OF 2022
ORDER:(Per Hon'ble Sri Justice K. Lakshman) Heard Mr. T. Rajinikanth Reddy, learned counsel for the petitioner and Mr. Mujib Kumar Sadasivuni, learned Special Government Pleader representing learned Additional Advocate General appearing on behalf of the respondents.
2. This writ petition is filed to issue a writ of habeas corpus directing the respondents to produce the detenus viz.,, i) Mr. Ishan Sharma S/o Chitranjan, aged 33 years, R/o Set No.5, Block-8, Sector- 5, Phase-3, B.C.S. Shimla Urban (t), Kasumpti, Shimla, Himachal Pradesh, (2) Sasank Tatineni S/o Tatineni Nagamalleswara Rao, aged 36 years, R/o 50-25-18, TPT Colony, Seethammadhara, Visakhapatnam (Urban), P & T Colony, Visakhapatnam, A.P. and (3) Prathap Manda S/o Manda Sridhara Rao, aged 33 years, R/o 76-16- 28/3, Vasavi Plaza, GF, C-4, Bhavanipuram, Samakruthi Function Hall, Vijayawada (Urban), Kamakotinagar, Krishna District, A.P. 2 KL,J & SKS,J W.P. No.44969 of 2022 before this Court and award compensation of Rs.20.00 lakhs each for their illegal detention.
3. According to the petitioner, he is the Ex-Member of Parliament and former Working President of Telangana Pradesh Congress Committee (for short TPCC). The TPCC has started an office in the name of Congress War Room for the purpose of strategic frame work promoting Congress Party in keeping the view of main stream elections to be held in the year 2023 he is supervising the same.
i) In the said process, several party workers/volunteer employees were working for Political Management Services i.e., Election Surveys, Political Strategy and Management Analytics, Political Intelligence, Election Campaign Management, Digital Media Management, Public Relations, Press and Media Management and Political Analysis. In the said process, workers/volunteer employees are working hardly for the purpose of promoting the congress party in the State of Telangana.
ii) While so, respondent No.5 and his staff illegally trespassed into their office and highhandedly picked up the aforementioned detenus on 13.12.2022 at about 10.45 p.m. When questioned their 3 KL,J & SKS,J W.P. No.44969 of 2022 acts, the respondents rudely behaved with their staff and took them and the office equipments i.e., Computers, Hard Disks etc.
iii) Thereafter, when the petitioner approached, respondent No.3 and complained the same, he assured that he would enquire into the matter and would direct respondent Nos.5 and 6 to release the detenus forthwith, but they did not release them. The detenus neither involved in any crime, nor having any criminal antecedents. They are highly educated and they are working for promoting the Congress Party in the State of Telangana for General Elections. Hence, the present writ petition.
4. Respondent No.6 filed counter affidavit denying the allegations made in the writ petition by contending as under:
i) On 24.11.2022 at 1300 hours, she received a complaint from R. Samrat S/o Krishna Kishore, wherein he stated that when he was watching videos on Facebook, he saw a video on the page 'Telangana Galam'. There was a video on Telangana Chief Minister, KCR, MLC Kavitagaru, Minister KTR. When the complainant played that video, the video was like this i.e., in the said video, Mayabazar, a film called 'KCR's photo. Kavitha's photo. KTR's photo of the characters in a 4 KL,J & SKS,J W.P. No.44969 of 2022 scene was taken and the video was morphed into the characters in that scene in the video. The character with KCR's photo is like this. You are very excited. Look first", says the character with Kavitha's face.
Then in that video, the character with Kavita's face opens the box and Aishwarya is seen in it. Then the character with KCR's face says to the character with Kavitha's face. Then the character with KCR's face opens the magic box and shows all the bottles of medicine in it, the song "Mandhu Babulam Memu Mandu Babulam" from the movie Gabbar Singh is heard. When asked to look in, the character with KTR's face opened the magic box and there were pictures of girls in it. All the medicine bottles and drugs were shown. KCR and poet KTR were insulted by putting these on social media. As such, videos are provoking a section of society and disrupting the peace and security of the society. Hence, he requested the police to take legal action against the owners of the Face book page "Telangana Galam'.
ii) On investigation, it came to know that the 'Telangana Galam' face book page is running Mindshare Private Limited Company at Madhapur. After obtaining necessary permission from the ACP and after obtaining search proceedings under Section - 165 Cr.P.C., the team consisting of SI of Police and other staff left to 5 KL,J & SKS,J W.P. No.44969 of 2022 Madhapur at 1800 hours on 13.12.2022 and took the detenus into custody and seized CPUs, Laptops and 2 mobile phones. As there was heavy commotion at the Mindshare premises, they could not proceed with investigation except drafting seizure report. They brought the accused along with seized materials to the police station on 14.12.2022 at 0200 a.m. and after enquiry in the morning hours around 10.00 a.m., issued Section 41A of Cr.P.C. notices to them under acknowledgment.
iii) The detenus have filed Crl.P. No.11436 of 2022 to quash the proceedings in Cr.No.2192 of 2022 dated 24.11.2022 on the file of respondent No.6, wherein interim orders were granted by this Court on 22.12.2022 directing them to appear before the Police on 26.12.2022.
5. Respondent No.8 filed counter on the same lines.
6. The aforesaid facts would reveal that respondent No.6 received a complaint from Mr. R. Samrat on 24.11.2022 at 1300 hours. Respondent No.6 obtained search proceedings under Section - 165 of Cr.P.C. from Assistant Commissioner of Police, Cyber Crimes, Hyderabad. On 13.12.2012, a Team consists of Sub-Inspector of Police and other staff left to Madhapur i.e., M/s. Mindshare Private 6 KL,J & SKS,J W.P. No.44969 of 2022 Limited at 1800 hours, took the detenus in his custody, seized CPUs, Laptops and two (02) mobile phones. Since there was heavy commotion at the Mindshare premises, they could not proceed with investigation except drafting seizure report. Therefore, they brought the detenus along with seized material to the police station on 14.12.2022 at 2.00 A.M. After inquiry in the morning hours around 10.00 A.M., respondent No.6 issued notice under Section - 41A of Cr.P.C. to the detenus.
7. However, in the writ affidavit, the petitioner stated that respondent No.5 along with his staff illegally trespassed into their office, high-handedly picked up the detenus on 13.12.2022 at about 10.45 P.M. They have rudely behaved with their staff and pushed them out. Therefore, they have met respondent No.3 and complained about the same, who in turn, assured that he will inquire into the matter and will direct respondent Nos.5 and 6 to release the detenus forthwith. They have not released. Therefore, the petitioner filed the present writ of habeas corpus on 14.12.2022.
8. As discussed above, both respondent Nos.6 and 8 filed counters stating that they brought the detenus with seized material to 7 KL,J & SKS,J W.P. No.44969 of 2022 the police station on 14.12.2022 at 2.00 A.M. and served notice under Section - 41A of Cr.P.C. at around 10.00 A.M. There is no explanation from respondent Nos.5 and 6 as to why they took the detenus to the police station instead of serving notice under Section - 41A of Cr.P.C. on them on their own. There is also no explanation from respondent Nos.6 and 8 as to why they brought the detenus to the police station on 14.12.2022 at 2.00 A.M. and kept them in their office up to 10.00 A.M. on 14.12.2022. For service of notice under Section - 41A of Cr.P.C., there is no need to bring the detenus to the office of respondent No.6. The only explanation offered by them is that there was heavy commotion at the Mindshare premises and, therefore, they could not proceed with further investigation exept drafting seizure etc. Therefore, they have brought the detenus to the police station. However, the petitioner did not file rejoinder to the same refuting the said contentions of respondent Nos.6 and 8 in the counter.
9. During the course of hearing, Mr. T. Rajinikanth Reddy, learned counsel for the petitioner, informed this Court that the respondent authorities have released the accused only on 15.12.2022 at 10.00 A.M. However, the petitioner did not file any reply to the counters filed by respondent Nos.6 and 8 refuting the same. 8
KL,J & SKS,J W.P. No.44969 of 2022
10. The proceedings in writ of habeas corpus are summary in nature and we have to decide the same basing on the affidavits filed by the parties. As discussed above, there is no explanation from respondent Nos.6 and 8 with regard to bringing the detenus to their office on 14.12.2022 at 2.00 A.M. and continuing search proceedings during night hours till 2.00 A.M. and service of notice under Section - 41A of the Cr.P.C. on the detenus on 14.12.2022 at 10.00 A.M. instead of serving the same in their office. Thus, there are irregularities committed by respondent Nos.5 to 8. As discussed above, the petitioner met respondent No.3, who assured them that he will inquire into the matter and direct respondent Nos.5 and 6 to release the detenus.
11. In the light of the aforesaid discussion, this writ petition is disposed of directing respondent No.4 to conduct a detailed inquiry into the matter and take action in accordance with law against erring Officials in committing the aforesaid irregularities. In the circumstances of the cases, there shall be no order as to costs. 9
KL,J & SKS,J W.P. No.44969 of 2022 As a sequel, the miscellaneous petitions, if any, pending in the writ petition shall stand closed.
_________________ K. LAKSHMAN, J _________________ K. SUJANA, J 13th October, 2023 Mgr