Back
2026 Supreme(Online)(Tel) 16039
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N. Tukaramji, J
Jogaram Lohar – Appellant
Versus
The State of Telangana – Respondent
WRIT PETITION No.13816 OF 2018
For the Appellants/Petitioners: A.L. Raju
For the Respondents: Assistant Government Pleader
When a person is detained by state actors but is not formally arrayed as an accused in the relevant FIR, remand report, or charge sheet, such detention is prima facie illegal, necessitating an independent investigation to protect fundamental rights under Article 21.
Headnote:The petitioner approached the court under Article 226 of the Constitution of India, alleging illegal detention, custodial torture, and the forced execution of a General Power of Attorney (GPA) by police officials from the Banjara Hills Police Station. The petitioner claimed that despite being a resident of Rajasthan with no nexus to Hyderabad, he was unlawfully apprehended and coerced into transferring property documents. The respondents contended that the petitioner was lawfully arrested in connection with Crime No. 44 of 2018 involving a commercial dispute over silver ornaments, which subsequently ended in a Lok Adalat settlement. The primary issue was whether the detention of the petitioner was lawful and whether the inconsistencies in the official records warranted an independent investigation. The court observed that while the respondents claimed a lawful arrest, the petitioner's name was absent from the FIR, remand report, and charge sheet of Crime No. 44 of 2018, despite appearing in police communications. The court reasoned that such inconsistencies raise serious concerns regarding the legality of the detention and that an independent probe is essential to uphold the rule of law and preserve public confidence in the administration of justice. The Writ Petition is allowed with directions to the Director General of Police to register a crime based on the petitioner's averments and entrust the investigation to a Special Investigation Team (SIT) or CB-CID within four weeks.
| Table of Content |
|---|
| 1. allegations of illegal detention, custodial torture, and forced execution of legal documents by police officials. (Para 1 , 2) |
O R D E R:
This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“…To issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of the Respondent Nos.5 to 9 for keeping the Petitioner in illegal custody in Jain Bhavan in Rajasthan for one and half days and thereafter in P S Banjara Hills for three days and 17 days in Pranav Lodge, Panjagutta, Hyderabad apart from forcibly obtaining GPA at Bhinmall Court Complex, Rajasthan are the acts of illegality, arbitrary and unconstitutional and further direct the Respondent No.2 to entrust any other police agency such as SIT, Task Force or Crime Branch to investigate and file a report and further to take appropriate action against the Respondent Nos.5 to 9 and direct them to recover the original land papers along with GPA papers and handover the same to the Petitioner and register a criminal case for the illegal activities of Respondent No 10 - 16……”
2. Heard M/s. A.L. Raju, learned Counsel for the petitioner and learned Assistant Government Pleader for respondent Nos.1 to 4.
3.1. The brief facts, as set out by the petitioner, are that he is an agriculturist and a permanent resident of the State of Rajasthan, having no commercial or business nexus with Hyderabad. It is alleged that on 28.02.2018, officials attached to Police Station, Banjara Hills, acting in concert with certain private individuals, unlawfully apprehended the petitioner without any authority of law and demanded delivery of 40 kilograms of silver. The petitioner further asserts that he was forcibly transported to Rajasthan and unlawfully confined at Jain Bhavan, where he was subjected to custodial violence, physical coercion, and intimidation, in violation of established legal safeguards.
3.2. According to the petitioner, on 01.03.2018, at the Bhinmal Court Complex, he was compelled under duress and coercion to execute certain documents, resulting in the creation of a fabricated General Power of Attorney (GPA) in favour of respondent No.13. It is further alleged that his original title documents pertaining to agricultural land admeasuring Ac.3.00 guntas situated in Jalore District were unlawfully seized. The petitioner contends that these acts were part of a premeditated and concerted attempt by the respondents to illegally usurp his property, thereby constituting offences inter alia under the Indian Penal Code relating to extortion, criminal intimidation, and abuse of authority.
3.3. The petitioner further alleges that he was again illegally detained between 14.03.2018 and 16.03.2018 and confined at Pranav Lodge, Hyderabad, where he was subjected to threats and coercion. It is also asserted that a false case in FIR No.44 of 2018 was shown pending against him under Sections 420, 406, and 379 of the Indian Penal Code, in collusion with private respondents, with the ulterior motive of harassment and coercion. The petitioner maintains that these actions are arbitrary, mala fide, and violative of his fundamental rights.
4.1. Learned counsel for the petitioner submits that the actions of the respondent authorities constitute a gross infringement of the petitioner’s fundamental rights, particularly the right to life and personal liberty guaranteed under Article 21 of the Constitution of India. It is contended that the petitioner was subjected to illegal detention and custodial torture without adherence to “procedure established by law,” rendering the actions of the police manifestly arbitrary, unconstitutional, and violative of due process requirements as interpreted by constitutional jurisprudence.
4.2. Reliance is placed on the judgment of the Supreme Court in D.K. Basu v. State of West Bengal , AIR 1997 SC 610, wherein mandatory safeguards against custodial abuse were laid down
