HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE V.SURI APPA RAO Writ Petition No.2082 of 2011 Date: 14-02-2011 Between Syed Mahjabeen … Petitioner and The Commissioner of Police, Cyberabad, Hyderabad and 2 others … Respondents HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE V.SURI APPA RAO Writ Petition No.2082 of 2011 Order: (per V.Eswaraiah, J.) The petitioner, who is the wife of alleged detenu No.1 Mir Naser Toufiq Ali and sister of alleged detenu No.2 Syed Feroz, filed this Writ of habeas corpus petition alleging that her husband and brother were picked up by the Police along with other persons accompanying them on 29-01-2011 and 30-01-2011, respectively, and their whereabouts are not known and no criminal cases are pending against them. 2. A Counter Affidavit is filed by the 3rd respondent-Station House Officer, Bhavani Nagar Police Station, Cyberabad, Hyderabad stating that in fact, alleged detenu No.1 was arrested by the Police of Vanastalipuram Police Station in connection with Crime No.229 of 2009 registered under Sections 353 and 379 of IPC on 01-5-2009 and he was arrested on 06-02-2011 and was produced before the learned VII Metropolitan Magistrate, Cyberabad at Hayatnagar on 07-02-2011 and the learned Magistrate remanded him to the judicial custody. Pursuant to the remand order, he is now lodged at Central Prison, Cherlapally, Ranga Reddy district. Insofar as alleged detenu No.2 is concerned, he was only called by the said Police on 06-02-2011 for examining his complicity in the above said crime and as his involvement is not established he was let off on the same day and now he is presently residing at House No.18-8-244/C/10, Fatesha Nagar, Bhavaninagar Police Station limits, Hyderabad. It is also stated that alleged detenu No.1 is involved in several similar offences in Vanastalipuram Police Station limits in Crime Nos.279 of 2009, 264, 587, 708, 930 and 945 of 2010, 17, 23, 60 and 65 of 2011 under Sections 356 and 379 of IPC. 3. In view of the above, it cannot be said that the detention of alleged detenu No.1 is illegal and unsustainable and after following due process of law as he was involved in criminal cases he was produced before the concerned Magistrate. 4. In the result, the writ petition is dismissed. ____________________ V.ESWARAIAH, J. _____________________ V.SURI APPA RAO, J. 14th February, 2011. Ak HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE V.SURI APPA RAO Writ Petition No.2082 of 2011 (Order of the Division Bench delivered by VE, J.) 14th February, 2011.