IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 4251 of 2008 Between: Vinod Kumar Pandiya, S/o. Human Prasad Pandiya, H.No. 14-5- 5/2, Begum Bazar, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Pahadi Shareef Police Station, Hyderabad. 2 The Station House Officer, Begum Bazar Police Station, Hyderabad. 3 The Commissioner of Police, Basheerbagh, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to For the reasons stated in the "Telegram" dated 22-02-2008 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 Muneem of the Petitioner Om Prakash Tiwari, before this Hon'ble Court, who was illegally detained by the police personnel of Pahadi Shareef, Hyderabad from 21.02.2007, 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: TELEGRAM Counsel for the Respondents: THE ADVOCATE GENERAL The Court at the stage of admission made the following : ORDER: (per Sri A. Gopal Reddy, J) This is a taken up writ petition on the basis of telegram dated 22-02-2008 sent by Vinod Kumar Pandiya alleging that his muneem Om Prakash Tiwari was illegally detained by the police personnel of Pahadi Shareef, Hyderabad from 21-02-2007 and he apprehends danger to his life. The counter affidavit filed by the Sub-Inspector of Police, Pahadi Shareef Police Station along with the sworn statement of the alleged detenu clearly discloses that the petitioner has not sent the said telegram to this Court and it was sent in his name by some unknown person. Further, the alleged detenu categorically stated before the Special Executive Magistrate, Hyderabad, who recorded his statement on 12-3-2008 that he is regularly attending the shop and working with the petitioner from 21-2-2008 till the date of recording of the statement and that his employer never sent such telegram to this Court. In view of the statement of the alleged detenu recorded by the Mandal Executive Magistrate, no credence can be given to the telegram sent by unknown person in the name of the petitioner. The writ petition is accordingly dismissed. A.GOPAL REDDY, J B.SESHASAYANA REDDY, J 17-03-2008 ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Pahadi Shareef Police Station, Hyderabad. 2 The Station House Officer, Begum Bazar Police Station, Hyderabad. 3 The Commissioner of Police, Basheerbagh, Hyderabad. 4 2 CCs to the Advocate General, High Court of Andhra Pradesh, Hyderabad (OUT). 5 2 CD copies