IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH 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 : 11629 of 2008 Between: K. Srinivasa Rao S/o. Krupanandam R/o. Plot No.40, S.P.Nagar, Kukatpally, Hyderabad. ..... PETITIONER AND 1 The Circle Inspector of Police, Central Crime Station P.S., Hyderabad. 2 The Commissioner of Police, Hyderabad at Basheerbagh, 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 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 friend of the petitioner herein viz. Ch. Ranga Rao, s/o. Ch. Subba RAo, aged 50 years, R/o. Flat No.10, Block No.10, Kendriya Vihar, Mayuri Nagar, Miyapur, Hyderabad before this Hon'ble Court, who was illegally detained on 26.05.2008 by the Circle Inspector of Police, Central Crime Station, Hyderabad apprehending danger to his life and him at liberty forthwith and to pass appropriate orders. Counsel for the Petitioner: FAX MESSAGE Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following : THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.11629 of 2008 ORAL ORDER: (per 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 petition is taken up basing on a letter, dated 28.05.2008, addressed to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, by one K.Srinivasa Rao, resident of Hyderabad, alleging that his friend by name Ch.Ranga Rao was illegally confined by the Circle Inspector of Police, Central Crime Station, Hyderabad since 26.05.2008. 3. In response to the notice, issued by this Court, the first respondent-Inspector of Police, White Colour Offences, Team-III, Central Crime Station, Hyderabad, filed counter- affidavit stating that the alleged detenu is accused No.1 in Crime No.1186 of 2003 of Central Crime Station, Detective Department, Hyderabad, registered for the offences punishable under Sections 420 and 406 IPC and Sections 3 and 5 of A.P.P.D.F.E. Act; that, in connection with the said crime, he was arrested on 28.05.2008 and was produced before the XII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, on the very same day, who remanded him to judicial custody and pursuant thereto, he is lodged at Central prison, Chenchalguda. 4. In view of the revelations in the counter-affidavit, particularly when the alleged detenu was arrested only in connection with the aforesaid crime, the question of issuing a writ of Habeas Corpus does not arise. 5. For the foregoing, the writ petition is liable to be dismissed and is accordingly, dismissed, at the stage of admission. However, there shall be no order as to costs. _______________ D.S.R.VARMA, J ______________ K.C.BHANU, J 10.06.2008 dr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Circle Inspector of Police, Central Crime Station P.S., Hyderabad. 2 The Commissioner of Police, Hyderabad at Basheerbagh, Hyderabad. 4 2CCs to Advocate General, High Court of A.P., Hyderabad (OUT) 5 2CD copies