IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH 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 : 24563 of 2008 Between: Madan, S/o. Sohanlal, R/o.Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Pahadishareef Police Station, Hyderabad. 2 The Station House Officer, Chatrinaka Police Station, Hyderabad. 3 The Commissioner of Police, Andhra Pradesh, 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 31-10- 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 the Petitioner herein namely, Sohanlal before this Hon'ble Court, who is illegally taken away by the police of Pahadishareef on 29-10-2008; 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 : ORDER: (Per the Hon’ble Sri Justice A. Gopal Reddy) This taken up writ petition is filed for issuance of Writ of Habeas Corpus on the basis of the telegram dated 31.10.2008 sent by the petitioner alleging that his father Sohanlal was taken away by the Police Pahadishareef on 29.10.2008 alleging that he is involved in a theft case, and his whereabouts are not known and apprehending danger to his life. In response to the notice issued, the Inspector of Police, Pahadishareef filed affidavit denying illegal detention of the alleged detenu, stating that at no point of time the alleged detenu was taken into custody and he is moving freely and attending to his day-to-day business. However, the police examined the alleged detenu on 29.10.2008 in connection with Crime No.441 of 2008 on the information that the suspect sold the stolen property to the alleged detenu. On alleged detenu denying his receiving the stolen property from any person, after enquiry, he was let off on the same day. Further on receipt of notice, the alleged detenu was produced before the Special Executive Magistrate, Hyderabad, who recorded the sworn statement of the alleged detenu on 17.11.2008 wherein he categorically stated that on 29.10.2008 at 11.00 hours crime party police of Pahadishareef visited his Shop No.18-2-651/2/A/1 situated at Jangammet, Falaknuma, along with one thief by name Nagesh and asked him to hand over some gold ornaments, which were alleged to have deposited with him by the accused, and in that connection he went to P.S. Pahadishareef and after enquiry he was let off by the police on the same day. Due to fear his son Madan gave the telegram on 31.10.2008. Since the alleged detenu gave a statement that he was not illegally detained by the police, and he is moving freely and attending his business, no cause survives in the writ petition. Accordingly, the Writ Petition is dismissed. No costs. ___________________ (A.GOPAL REDDY, J.) _________________ (R. KANTHA RAO, J.) 25th November, 2008 Js.