CHERUKURI MANI Vs. CHIEF SECRETARY, GOVERNMENT OF ANDHRA PRADESH
LAWS(SC)-2014-5-20
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on May 08,2014

Cherukuri Mani W/O. Narendra Chowdari Appellant
VERSUS
(The) Chief Secretary, Government Of Andhra Pradesh And Ors. Respondents


Referred Judgements :-

REKHA VS. STATE OF TAMIL NADU [REFERRED TO]
MUNAGALA YADAMMA VS. STATE OF A P [REFERRED TO]



Cited Judgements :-

G. NEERAJA VS. THE STATE OF TELANGANA AND ORS. [LAWS(APH)-2015-10-9] [REFERRED TO]
JITENDRA KORWA @ CHHOTAN JI @ KOMAL JI, S/O LODHAN KORWA VS. STATE OF JHARKHAND [LAWS(JHAR)-2017-12-106] [REFERRED TO]
BAPPA SHRI NARAIN VOCATIONAL POST GRADUATE COLLEGE VS. STATE OF U.P. [LAWS(ALL)-2024-5-49] [REFERRED TO]
SAMPA ACHARYYA VS. MALAY ACHARYYA [LAWS(CAL)-2023-6-154] [REFERRED TO]
ASOKAN VS. STATE OF KERALA [LAWS(KER)-2024-4-152] [REFERRED TO]
SUREKHA DEEPAK SHINTRE VS. STATE OF KARNATAKA BY SECRETARY, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT OF KARNATAKA AND ORS. [LAWS(KAR)-2016-4-95] [REFERRED TO]
KULANDAIRAJ VS. PRINCIPAL SECRETARY TO GOVERNMENT [LAWS(MAD)-2023-12-87] [REFERRED TO]
KISHORCHANDRA WANGKHEM VS. DISTRICT MAGISTRATE, IMPHAL [LAWS(MANIP)-2019-4-38] [REFERRED TO]
MUIN KHAN VS. STATE OF M. P. [LAWS(MPH)-2014-12-178] [REFERRED TO]
MD. MANSOOR @ MANSOOR ALAM @ MANSER NAUWA, SON OF KALAM NAUWA, R/O WASSEYPUR, P.O. BHULINAGAR, P.S. BANK MOARE, DISTRICT DHANBAD VS. STATE OF JHARKHAND [LAWS(JHAR)-2015-7-195] [REFERRED TO]
NINGTHOUJAM(N) OINAM(O) INAOBI DEVI VS. THE DISTRICT MAGISTRATE, BISHNUPUR DISTRICT AND ORS. [LAWS(MANIP)-2015-5-3] [REFERRED TO]
AKASH YADAV VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2019-4-70] [REFERRED TO]
SANJEEV KUMAR VS. THE STATE OF BIHAR [LAWS(PAT)-2015-1-39] [REFERRED TO]
AMEENA BEGUM VS. STATE OF TELANGANA [LAWS(SC)-2023-9-5] [REFERRED TO]
MOHASEEN KURESHI VS. STATE OF M P [LAWS(MPH)-2014-9-95] [REFERRED TO]
PRINCE KHAN, SON OF NASIR KHAN, RESIDENT OF NABI NAGAR, KAMARMAKDUMI, WASEPUR, P.O. B. POLYTECHNIC, P.S. BANK MORE, DISTRICT VS. STATE OF JHARKHAND [LAWS(JHAR)-2017-2-51] [REFERRED TO]
ASHOK KUMAR MEHTA VS. STATE OF JHARKHAND [LAWS(JHAR)-2017-4-29] [REFERRED TO]
THANGJAM ROMEN SINGH VS. DISTRICT MAGISTRATE AND ORS. [LAWS(MANIP)-2015-4-16] [REFERRED TO]
BASAVARAJAYYA SWAMY THROUGH WIFE VS. STATE OF KARNATAKA AND ORS. [LAWS(SC)-2016-4-130] [REFERRED TO]
KHOMDRAM RATAN SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2016-8-31] [REFERRED TO]
SHAIKH HAFIZ SHAIKH YUSUF VS. THE COMMISSIONER OF POLICE, AURANGABAD [LAWS(BOM)-2017-10-4] [REFERRED TO]
MOHD RAFIQ VS. STATE OF JAMMU AND KASHMIR [LAWS(J&K)-2020-3-13] [REFERRED TO]
ABDUL RAHMAN VS. ADHICHHAK JANPAD KARAGAR GHAZIABAD [LAWS(ALL)-2024-2-29] [REFERRED TO]
CHAWALI VS. STATE OF U P [LAWS(ALL)-2014-1-481] [REFERRED TO]
D RAMASWAMY VS. STATE OF TELANGANA, REP BY ITS CHIEF SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (L&O)DEPARTMENT [LAWS(APH)-2018-7-24] [REFERRED TO]
PESALA NOOKARAJU VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(SC)-2023-8-61] [REFERRED TO]
YALLAPPA MAREPPA VS. STATE OF KARNATAKA AND OTHERS [LAWS(KAR)-2016-11-72] [REFERRED TO]
KANGABAM GANDHI SINGH VS. THE DISTRICT MAGISTRATE AND ORS. [LAWS(MANIP)-2015-5-9] [REFERRED TO]
SHRI YUMNAM SUNIL SINGH @ BABUSANA, AGED ABOUT 29 YEARS S/O Y. BASANTA SINGH OF OINAM SAWOMBUNG AWANG LEIKAI, PS WAGAI, IMPHAL WEST DISTRICT, MANIPUR (NOW IN THE MANIPUR CENTRAL, SAJIWA AS A DETENU UNDER NSA) VS. THE DISTRICT MAGISTRATE, IMPHAL WEST, MANIPUR [LAWS(MANIP)-2017-1-5] [REFERRED TO]
RAJAN VS. STATE OF KARNATAKALABIC [LAWS(KAR)-2018-12-106] [REFERRED TO]
OM PRAKASH GUPTA AND ANR. VS. STATE OF U.P. AND 6 OTHERS [LAWS(ALL)-2017-1-230] [REFERRED TO]
MUBARAK AWAD ALI KASERI VS. THE STATE OF TELANGANA [LAWS(APH)-2017-3-66] [REFERRED TO]
SABA BEGUM VS. STATE OF TELANGANA [LAWS(APH)-2014-11-39] [REFERRED TO]
CHET RAM VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2022-10-23] [REFERRED TO]
SACHIN @ BOBBY SAMBHAJI SHINDE VS. COMMISSIONER OF POLICE SOLAPUR [LAWS(BOM)-2017-10-8] [REFERRED TO]
ATMA YADAV VS. STATE OF BIHAR [LAWS(PAT)-2017-5-77] [REFERRED TO]
SAGAR PARIDA VS. STATE OF ODISHA AND ORS. [LAWS(ORI)-2020-8-23] [REFERRED TO]
DEEPU ALIAS KULDEEP YADAV VS. UNION OF INDIA AND 5 OTHER [LAWS(ALL)-2017-11-250] [REFERRED TO]
WEST BENGAL PHARMACY COUNCIL VS. RUSHA PODDER [LAWS(CAL)-2024-3-36] [REFERRED TO]
JAYAMMA VS. STATE OF KARNATAKA AND ORS. [LAWS(KAR)-2015-4-5] [REFERRED TO]
BASAVARAJAYYA SWAMY VS. THE STATE OF KARNATAKA AND ORS. [LAWS(KAR)-2015-12-57] [REFERRED TO]
UNION OF INDIA VS. MAHENDRA SINGH [LAWS(SC)-2022-7-87] [REFERRED TO]
HALEEMUNNISA BEGUM VS. STATE OF TELANGANA [LAWS(APH)-2018-7-21] [REFERRED TO]
SWAMI VIVEKANANDNAGAR COOPOERATIVE HOUSING SOCIETY LIMITED VS. AHMEDABAD MUNICIPAL CORPORATION [LAWS(GJH)-2022-6-633] [REFERRED TO]
KAMLESH TIWARI VS. UNION OF INDIA [LAWS(ALL)-2016-9-311] [REFERRED]
PRABODH KUMAR PATHAK VS. STATE OF U. P. [LAWS(ALL)-2023-5-157] [REFERRED TO]
KARANDEEP SINGH VS. STATE OF M P [LAWS(MPH)-2021-3-51] [REFERRED TO]
STATE OF MADHYA PRADESH VS. JAGDISH PRASAD DUBEY [LAWS(MPH)-2024-3-81] [REFERRED TO]
AJAY RINWA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2016-9-160] [REFERRED]
LAHU SHRIRANG GATKAL VS. STATE OF MAHARASHTRA, THROUGH THE SECRETARY AND ORS. [LAWS(SC)-2017-7-71] [REFERRED TO]
DHARMIN BAI KASHYAP VS. BABLI SAHU [LAWS(SC)-2023-8-45] [REFERRED TO]
VISHAL SHARMA VS. UNION OF INDIA [LAWS(MPH)-2014-10-69] [REFERRED TO]
AHESAN VS. HOME DEPARTMENT [LAWS(MPH)-2014-12-118] [REFERRED TO]
AHESAN VS. HOME DEPARTMENT [LAWS(MPH)-2014-12-118] [REFERRED TO]
MUIN KHAN @ MUINUDDIN VS. STATE OF M P [LAWS(MPH)-2014-12-138] [REFERRED TO]
RAJU @ RAJESH VS. STATE OF MP [LAWS(MPH)-2018-12-102] [REFERRED TO]
I.B.SATHEESH M.L.A VS. CHANCELLOR, A P J ABDUL KALAM TECHNOLOGICAL UNIVERSITY [LAWS(KER)-2023-3-136] [REFERRED TO]
AJAY SINGH @ DEEPU VS. STATE OF M P [LAWS(MPH)-2014-9-104] [REFERRED TO]
ABDUL RAZAK VS. STATE OF KARNATAKA [LAWS(KAR)-2017-10-134] [REFERRED TO]
K.M.MURTHY VS. K.B.PUNNIYAKOTTI [LAWS(MAD)-2023-8-137] [REFERRED TO]
ISRATH BEGUM VS. THE STATE OF TELANGANA AND ORS. [LAWS(APH)-2015-9-13] [REFERRED TO]
RAJIB BRAHMA VS. STATE OF WEST BENGAL [LAWS(CAL)-2024-8-23] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)The appellant, who is the wife of one Cherukuri Narendra Chowdari detenu, filed a writ petition under Article 226 of the Constitution before the High Court of Andhra Pradesh alleging that her husband has been unauthorisedly detained and the detention order passed was illegal and sought his release. The writ petition was dismissed by the High Court by the impugned order dated 28th October, 2013 stating that until and unless the competent Court of law decides the order of detention as illegal and invalid, it cannot be said that it is unauthorized detention. Aggrieved by the said order, the appellant has filed this appeal by special leave.
(3.)The facts which are necessary for the disposal of this appeal are that the Collector & District Magistrate, East Godavari District, Andhra Pradesh (Respondent No. 2) issued a preventive detention order on 30th September, 2013, under the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short "the Act") stating that the husband of the appellant (detenu) has got all the attributes to be called as a 'goonda' as envisaged under Section 2(g) of the Act. It is also mentioned that he was involved in several cases of theft of Government and private properties as well as cases of destruction of public properties and his antisocial activities are harmful to the society and general public and referred 11 cases registered against him.


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