IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY AND THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 24220 of 2008 Between: Smt. Afzal Begum, R/o. 6-1-171/7, Chilakalaguda, Secunderabad. ..... PETITIONER AND 1 The Station House Officer, Bowenpally Police Station, Bowenpally, Ranga Reddy District. 2 The Superintendent of Police, Ranga Reddy District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that for the reasons stated in the "Telegram", dated 24-10-2008, sent by the Petitioner herein, this Hon'ble Court may be pleased to issue an Order, direction, or writ, more particularly one in the nature of Writ of Habeas Corpus directing the respondents herein to produce the son-in-law of the petitioner namely, Mohd. Anwar and his father, who were taken away by the police, Bowenpally at early in the morning on dt 24-10-2008 from her house and 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 A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.24220 of 2008 ORDER: (Per the Hon’ble Sri Justice A.Gopal Reddy) This is a taken up writ petition on the basis of the telegram dated 24.10.2008 sent by the petitioner to the Hon’ble Chief Justice alleging that her son-in-law, namely, Mohd. Anwar and his father are taken away by the respondents. The Inspector of Police, Bowenpally Police Station, Hyderabad, the 1st respondent, filed an affidavit stating that on earlier occasion, the wife of alleged detenu No.1 sent a telegram on 13.10.2008 to this Court alleging that her husband was illegally detained by Bowenpally police on 12.10.2008 at about 10.30 p.m., basing on which a writ petition was taken up as W.P.No.22461 of 2008. In the said writ petition, an affidavit was filed by the Inspector of Police, Bowenpally Police station, along with a statement, dated 24.10.2008, of the alleged detenu No.1 recorded by the Mandal Revenue Officer, Mushirabad Mandal, which discloses that the alleged detenu No.1 at no point of time was illegally detained by the respondent police and that he was called to the police station to know the whereabouts of his brother-in-law, namely, Mohd. Asad and, as such, the said writ petition was dismissed on 07.11.2008. With respect to the present writ petition, the 1st respondent stated that when the alleged detenu No.1 was taken to the Mandal Revenue Officer, Mushirabad, on 24.10.2008 to record his statement on the allegations made in the earlier writ petition, in the meanwhile, the mother-in-law of the alleged detenu No.1 sent the telegram, dated 24.10.2008, basing on which the present writ petition has been taken up. He further stated that the father of the alleged detenu No.1 voluntarily accompanied the alleged detenu No.1 to the Mandal Revenue Officer, Mushirabad Mandal, on 24.10.2008 and that the alleged detenu No.1 was taken to the Mandal Revenue Officer, Mushirabad Mandal, on 24.10.2008 only to record his statement to prove that he was not illegally detained by the police as stated in the earlier taken up writ petition. It is also stated that in order to prove that the alleged detenu No.1 was not in the illegal custody of the 1st respondent police, the copies of the affidavit in taken up W.P.No.22461 of 2008 and the statement of the alleged detenu No.1 along with his identity proof are filed before this Court. In the circumstances, the allegations made in the writ petition of alleged detention appear to be not correct and made on apprehension. The writ petition is, accordingly, dismissed. _________________ A.GOPAL REDDY,J ________________ R.KANTHA RAO,J 20.11.2008 v v