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 TAKEN UP WRIT PETITION No.11866 of 2008 Between: Md. Khasim,Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Banjara Hills, Police Station, Hyderabad. 2 The Commissioner of Police, Basheerbagh, Hyderabad. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 07-06-2008 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 Miss G. Miamuna, G. Majid and Karim, before this Hon'ble Court, who are illegally detained by the police of Banjara Hills Police Station, 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.11866 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 a telegram, dated 07-06-2008, sent by one Sri Md. Khasim, resident of Hyderabad, to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, seeking production of Mrs. G.Miamuna, G. Majid and Karim, who were illegally detained by the police of Banjara Hills Police Station, Banjara Hills, Hyderbad, and that he is apprehending danger to their lives. It is further alleged that so far the alleged detenus were not produced before any Court of law and they were being harassed by the first respondent police. 3. A counter affidavit has been filed by the Inspector of Police, Banjara Hills Police Station, Hyderabad, representing the first respondent herein, stating inter alia that so far as the alleged detenu Nos.2 and 3, namely G.Majid and Karim, respectively, are concerned, they are associated with State Police and among them Sri G.Majid is working as Special Police Officer in Uppal Police Station, and Sri Karim is working as Head Constable, Intelligence Security Wing, Hyderabad, and both of them have been attending to their duties regularly. Therefore, the allegation that they were illegally detained cannot be accepted. 4. So far as alleged detenu No.1 – Mrs. G.Miamuna is concerned, it is stated that the son of detenu No.1 is facing the allegations of kidnap in a criminal case registered by the Karnataka State Police and that the Karnataka State Police and the first respondent police are making sincere efforts to apprehend the son of the alleged detenu No.1. It is also stated that alleged detenu No.2 is the brother and alleged detenu No.3 is the son-in-law of alleged detenu No.1 and all the alleged detenus are moving freely by attending to their day-to-day work. In order to prove that the alleged detenus are not in illegal custody, particularly detenu No.1, necessary documents, such as statement of the alleged detenu No.1 and the certificates issued by the Station House Officer, Uppal Police Station, and the Superintendent of Police (Security Wing), Intelligence Department, Hyderabad, etc., have been filed for perusal. It is further stated that the statement of alleged detenu No.1, recorded by the Mandal Executive Magistrate, Serilingampally Mandal, on 20-06-2008, was also filed, and the same has been made part of the record. 5. A perusal of the statement of alleged detenu No.1 viz., G.Miamuna, w/o. late Musthafa, reveals that her son had studied upto X Class and was doing some sundry jobs, from time to time. She also stated that her son had developed intimacy with another lady, by name Padmasri. She further stated about the relationship of detenu Nos.2 and 3 with her. She gave a categorical statement of events that have taken place subsequently and also about the case that has been registered against her son. She also stated that there is no interference by the police of Banjara Hills as alleged in the telegram. 6. As a matter of fact, the relationship between the complainant in the telegram and the alleged detenus is not clearly known and what prompted the petitioner to issue this telegram is also not known. Exfacie, this telegram is totally a frivolous one and the same need not be entertained at all. 7. For the foregoing, we do not find any merit in the writ petition and the same is liable to be dismissed. 8. 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, Banjara Hills, 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.11866 of 2008 25-06-2008 (Msr)