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ITEM NO.29 COURT NO.14 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). 15398/2023
(Arising out of impugned final judgment and order dated 27-09-2023 in WP No. 22111/2023 passed by the High Court for the State of Telangana at Hyderabad)
GADDAM TIRUPATHI RAO Petitioner(s)
VERSUS
THE STATE OF TELANGANA & ORS. Respondent(s)
(IA No. 246511/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
Date : 27-02-2024 This petition was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE M.M. SUNDRESH
HON’BLE MR. JUSTICE S.V.N. BHATTI
For Petitioner(s) Mr. K. Sai Teja, Adv.
Ms. Aruna Gupta, AOR
For Respondent(s) Ms. Devina Sehgal, AOR
Mr. Mohd Ashaab, Adv.
UPON hearing the counsel the Court made the following
O R D E R
We do not find any ground to interfere with the impugned order.
Learned counsel for the petitioner has placed reliance upon the decision of this Court in (2011) 5 SCC 244, Rekha Vs. State of Tamil Nadu Through Secretary to Government & Anr. and submitted that instead of passing the detention order, the
respondents ought to have invoked the normal course of law.
In the case on hand the detention order has been passed on the premise that after the First Information Report was registered and in pursuant to the bail granted to the petitioner, he once again indulged in the same illegal activity. In such view of the matter, the ratio rendered in the said judgment will not apply to this case.
The Special Leave Petition is, accordingly, dismissed.
Pending application(s), if any, stand disposed of.
(SWETA BALODI) (POONAM VAID)
COURT MASTER (SH) COURT MASTER (NSH)