IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU TAKEN UP WRIT PETITION No.17297 of 2008 Between: Bharath Kumar, CBIZ.COM Pvt. Ltd., Hanmakonda, Warangal District. ..... PETITIONER AND 1 The Station House Officer, Hanmakonda, One Town Police, Warangal District. 2 The Commissioner of Police, Basheerbagh, Hyderabad. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 06-08-2008 sent by the Petitioner herein, this Hon'ble Court may be pleased to issue an Order, direction, or a Writ, more particularly one in the nature of Writ of Habeas Corpus directing the Respondents herein to produce the 18 Associates of CBIZ.COM Pvt. Ltd., Noida (UP), before this Hon'ble Court, who were illegally detained since 7 days by the police of Hanmakonda, One Town Police Station, Warangal District, apprehending danger to their lives and set them at liberty forthwith and to pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner : TELEGRAM Counsel for the Respondents : THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE D.S.R. VARMA AND THE HON’BLE SRI JUSTICE K.C. BHANU TAKEN UP WRIT PETITION No.17297 of 2008 ORAL ORDER: (per the Hon’ble Sri Justice D.S.R.Varma) Heard the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is taken up at the instance of the telegram, dated 06-08-008, sent by one Bharath Kumar, Marketing Manager, CBIZ.COM Private Limited, Hanmakonda, Warangal District, alleging that 18 Associates of CBIZ.COM Private Limited, Noida (UP), were illegally detained since 7 days by the police of Hanmakonda I Town Police Station, Warangal District, that he is apprehending danger to their lives and set them at liberty forthwith. 3. A counter affidavit has been filed by the Assistant Sub-Inspector of Police, Hanmakonda Police Station, representing the first respondent herein, stating inter alia that he got enquired into the veracity of the contents of the telegram issued by the petitioner, which revealed that at no point of time the first respondent police illegally detained the alleged detenus. However, a case in Crime No.338 of 2008 for the offence punishable under Sections 385, 420 of Indian Penal Code and Section 456 read with 2 (c), 3 of Prize Chits and Money Circulation (Banning) Act, 1978 was registered by the Hanmakonda Police on 05-08-2008. In connection with the above said crime, on the same day, 8 persons were arrested by Hanmakonda Police and on 06-08-2008 another 3 persons were arrested. Subsequently, all the arrested persons were produced before the VI Additional Judicial First Class Magistrate, Warangal, on the same day, who inturn remanded them to judicial custody. Pursuant to the remand order, dated 06-08-2008, of the learned Magistrate, the arrested accused are now lodged at Central Prison, Warangal. 4. It is further stated in the counter affidavit that all the alleged detenus are agents of the petitioner Company. In fact, the name of the petitioner Company is e-BIZ Private Limited, but the petitioner has intentionally mentioned in the telegram the company’s name as CBIZ.COM Private Limited, Hanmakonda, Warangal. It is also brought to the notice of this Court that earlier a writ petition W.P.No.17358 of 2008 was filed for production of the very same alleged detenus and the same was dismissed as withdrawn at the instance of the learned counsel for the petitioner, by order dated 11-08-2008. 5. In view of the above said facts, the question of illegal detention does not arise. 6. For the foregoing, we do not find any merit in the writ petition and the same is liable to be dismissed. 7. Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. ________________________ JUSTICE D.S.R. VARMA _______________________ JUSTICE K.C. BHANU 22-08-2008 Msr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Hanmakonda, One Town Police, Warangal District. 2 The Commissioner of Police, Basheerbagh, Hyderabad. 3. Two CCs to the Advocate General, Government of A.P., High Court Buildings, Hyderabad (OUT). 4. Two CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C. BHANU TAKEN UP WRIT PETITION No.17297 of 2008 22-08-2008 (Msr)