IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.CHANDRA KUMAR Taken Up WRIT PETITION NO. 4048 of 2009 Between: Pawan Upadhaya, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Hakimpet, Tolichowki Police Station, Hyderabad. 2 The Commissioner of Police, Hyderabad. .....RESPONDENTS 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 25-02- 2009 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 father of the Petitioner herein viz., Sheshmal Upadhaya, before this Hon'ble Court, who is illegally detained since 23-02-2009 by the police of Tolichowki, Hakeempet, 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: TELEGRAM Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following: Oral Order: (Per Honourable Sri Justice A.Gopal Reddy) This is a taken up writ petition on the basis of telegram dated 25-02-2009 sent to the Honourable Chief Justice alleging that the petitioner’s father, namely, Sheshmal Upadhaya has been illegally detained by the Tolichowki police from 23-02-2009 and apprehending danger to his life. Petitioner subsequently addressed a letter dated 05-03- 2009 to the Registrar (Judicial), High Court of A.P. admitting about his sending telegram and stating that his father, alleged detenu was not detained by Humayunnagar Police and two persons namely, Shiva and Sadiq have mortgaged gold ornaments weighing 22 grams in his father’s shop at Tolichowki on 04-11-2008 under receipt No.1507 for a sum of Rs.25,000/-. As the mortgaged property was stolen one, Humayunagar police visited his father’s shop and enquired him into the matter in Cr.No.102 of 2009 registered for the offence under Section 382 IPC, but the police did not detain him. Due to misunderstanding of the facts, he has given the telegram and requested not to proceed in the matter. In view of the above letter addressed by the petitioner, no cause survives in the writ petition and it is accordingly dismissed. _______________ A.GOPAL REDDY, J. _____________________ B.CHANDRA KUMAR,J 16-03-2009 Murthy ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Hakimpet, Tolichowki Police Station, Hyderabad. 2 The Commissioner of Police, Hyderabad. 3 2 CD copies