THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.26142 of 2025

ORDER

Heard learned counsel for the petitioner and learned Government Pleader for Home appearing for respondent Nos.1 to 6. With their consent, this writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition has been filed seeking the following prayer:-

“to declare the action of the respondent no.5 and 6 along with their team in forcefully and illegally taking custody of the petitioner husband namely Sande Venkatramulu, S/o Surender on 30.08.2025 at about 7: 40am hours at Padmavathi Colony Common, Mahabubnagar and illegally detained in the 5^th respondent police station without issuing any notice to the petitioner and without following due process of law is illegal, arbitrary and violation of Article 14 and 22 of Constitution of India and Consequently direct the Respondent No.4 to 6 to release the petitioner husband forthwith.”

3. Brief facts stated in this writ petition are that on 08.01.2025, one M.Pavani Kumari, gave a complaint against the petitioner’s husband and FIR No.10 of 2025 was registered for offences under Section 376, 506 of IPC. Thereafter, petitioner’s husband filed Crl.P.No.768 of 2025 and this Court vide order dated 24.01.2025, granted anticipatory bail, subject to petitioner fulfilling certain conditions and the same were complied by petitioner’s husband without fail. The case of the petitioner is that on 30.08.2025 at about 7:40 hours, respondent Nos.5 and 6 along with their team, forcefully and illegally detained petitioner’s husband. Aggrieved, by the same this writ petition is filed.

4. Learned Government Pleader for Home appearing for respondent Nos.1 to 6 placed on record instructions issued by Sub-Inspector of Police, Makhthal Police Station, Narayanpet District, wherein it is stated that the petitioner’s husband was involved in Cr.No.10 of 2025 dated 09.01.2025 under Section 376, 506 IPC and during the investigation, petitioner’s husband obtained conditional anticipatory bail. It is further stated that the Principal District and Sessions Judge, Narayanpet, vide order dated 26.08.2025 in Crl.M.P.No.207 of 2025 in Crime No.10 of 2025 directed the petitioner’s husband to appear for potency test at the Government General Hospital, Narayanpet. Hence, for the purpose of the said test, the respondent police had taken the petitioner to the the Government General Hospital, Narayanpet and after conducting of the potency test, the petitioner’s husband returned to his home on the same day at 11.04 A.M.

5. Learned Government Pleader for Home further submits that except conducting investigation in Cr.No.10 of 2025 and complying with the order dated 26.08.2025 passed in Crl.M.P.No.207 of 2025 in Crime No.10 of 2025, the respondent police did not detained the petitioner’s husband.

6. Recording the submissions made by the learned counsel appearing on either sides and in view of the fact that the respondent police in pursuant to order passed by the Principal District and Sessions Judge, Narayanpet, in Crl.M.P.No.207 of 2025 in Crime No.10 of 2025 dated 26.08.2025, had taken the petitioner to the Government General Hospital, Narayanpet, for the purpose of conducting potency test, this Court deems it appropriate to dispose of the writ petition granting liberty to the petitioner to pursue his remedy as available under law.

7. With the above observation, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.

_________________________________ JUSTICE N.V.SHRAVAN KUMAR Date: 02.09.2025

SU