IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.11925 of 2008 Between: Nandita Kulkarni, W/o. Sri Naresh Kulkarni, R/o. 12-164, SRK Puram, L.B. Nagar, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Saroornagar Police Station, Hyderabad. 2 The Commissioner of Police, Basheerbagh, Hyderabad. .....RESPONDENT(S) For the reasons stated in the "Telegrams" dated 06-06-2008 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 husband of the Petitioner herein viz. Naresh Kulkarni, before this Hon'ble Court, who was illegally arrested since 03-06-2008 by the police of Saroornagar, Hyderabad, apprehending danger to his life and set him 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 : TELEGRAMS 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.11925 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 basing on the telegrams, dated 06-06-2008, sent by one Smt. Nandita Kulkarni, w/o. Sri Naresh Kulkarni, resident of 12-164, S.R.K. Puram, L.B. Nagar, Hyderabad, to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, seeking production of her husband viz., Naresh Kulkarni, before this Court, who was illegally arrested by the police of Saroornagar, Hyderabad, on 03-06-2008, and that she is apprehending danger to his life. 3. A counter affidavit has been filed by the Inspector of Police, Saroornagar Police Station, representing the first respondent herein, stating inter alia that the alleged detenu was accused in Crime No.624 of 2008 for the offences punishable under Sections 408 and 420 of Indian Penal Code, of Saroornagar Police Station, which was registered on 03- 06-2008 basing on a reference made by the XI Metropolitan Magistrate, L.B. Nagar, Hyderabad. It is stated that the alleged detenu was arrested on 05-06-2008 in connection with the above said crime and produced before the learned Magistrate, who inturn remanded him to judicial custody. Pursuant to the remand order, dated 06-06-2008, of the learned Magistrate, the alleged detenu was lodged at Central Prison, Cherlapally, and subsequently enlarged on regular bail by the learned Magistrate, on 13-06-2008. The copies of F.I.R. and Remand Report were made part of the record. 4. Having regard to the facts stated in the counter affidavit, the question of illegal detention does not arise. 5. For the foregoing, we do not find any merit in the writ petition and the same is liable to be dismissed. 6. 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 25-06-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Saroornagar Police Station, Hyderabad. 2 The Commissioner of Police, Basheerbagh, Hyderabad. 3. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 4. 2 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.11925 of 2008 25-06-2008 (Msr)