IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY 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.15352 of 2008 Between: Smt. Nusrath Begum, W/o. Syed Waheed Uddin, R/o. 17-1-182/D/99, Banunagar, Santosh Nagar, Hyderabad. ..... PETITIONER AND 1 Principal Secretary, (Home), Secretariat, Hyderabad. 2 The Commissioner of Police, Hyderabad. 3 The Deputy Commissioner of Police, West Zone, Hyderabad. 4 The Assistant Commissioner of Police, Goshamahal Division,Hyderabad. 5 Ghouse, S/o. not knwon, A.C.P., Goshamahal Division. .....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 issue a Writ of Mandamus or any other appropriate Writ, Order or direction more particularly Writ of Habeas Corpus for production of my son syed Mohd. Kaleem @ Khaja Pasha and pass Counsel for the Petitioner : MR.MOHD.MUZAFFER ULLAH KHAN Counsel for the Respondent Nos.1 to 4 : ADVOCATE GENERAL Counsel for the Respondent No.5 : ----- The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.15352 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice K.C.Bhanu) Heard learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent Nos.1 to 4. 2. This Writ of Habeas Corpus is filed by the mother of the alleged detenu viz., Syed Mohd. Kaleem @ Khaja Pasha, who was wrongfully detained by the respondents-police. 3. A counter affidavit has been filed by the Assistant Commissioner of Police, Goshamahal Division, Hyderabad, representing the fourth respondent herein, stating that the alleged detenu was Accused No.1 in Crime No.178 of 2008 for the offence punishable under Section 382 of Indian Penal Code, of Shah Inayath Gunj Police Station, Hyderabad, which was registered on 18-06-2008, basing on the complaint given by one Smt. A.Savithri of Gajvel. He was arrested on 16-07-2008 along with Accused Nos.2 and 3 in connection with the above said crime and all the accused were produced before the Chief Metropolitan Magistrate, Nampally, Hyderabad, on 17-07-2008, who inturn remanded them to judicial custody. By virtue of the remand order, dated 17-07-2008, of the learned Magistrate, the alleged detenu is now lodged in Central Prison, Hyderabad. 4. In view of the fact that the alleged detenu was confined in pursuance of the judicial order of remand passed by the competent Court, the question of issuing Writ of Habeas Corpus does not arise. 5. For the foregoing, there are no merits in the writ petition and the same is liable to be dismissed. 6. 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 28-07-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Principal Secretary to Government, Home Department, Government of A.P., Secretariat, Hyderabad. 2 The Commissioner of Police, Hyderabad. 3 The Deputy Commissioner of Police, West Zone, Hyderabad. 4 The Assistant Commissioner of Police, Goshamahal Division, Hyderabad. 5. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 6. 2 CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.15352 of 2008 28-07-2008 (Msr)