IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.CHANDRA KUMAR WRIT PETITION NO : 1746 of 2009 Between: Rajini Jaiswal, W/o. Sunil Jaiswal, S/o. Matha Prasad, # 402, Sai Durga Nilayam, St. No. 14, Lane No. 1, Tarnaka 17, Hyderabad ..... PETITIONER AND 1 The Station House Officer, City Crime Station (CCS), Hyderabad. 2 The Commissioner of Police, Basheerbagh, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that for the reasons stated in the "Telegram" dated 30-01-2009 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 Petitioner's husband namely Mr. Sunil Jaiswal, before this Hon'ble Court, who is illegally detained from January 28, 2009 Wednesday by 01.30 P.M., 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 Sri A. Gopal Reddy, J) This is a taken up writ petition for issuance of a writ of habeas corpus on the basis of telegram dated 30-01-2009 sent by the petitioner to the Hon’ble the Chief Justice alleging that her husband namely Sri Sunil Jaiswal has been illegally detained by the respondents from 28-01-2009 and she apprehends danger to his life. In response to notice, Deputy Commissioner of Police, Detective Department, Central Crime Station, the 1st respondent herein filed an affidavit stating that the alleged detenu is A-1 in Crime No. 278 of 2008 registered for the offences under Sections 120-B, 379, 406, 420 IPC, Sections 65, 66, 72 and 75 of Information Technology Act, 2000 and Sections 51, 63, 63 (b), 65 and 69 of the Copy Right Act, 1957 of Central Crime Station, Hyderabad. The said crime was registered on 02-12-2008 basing on the complaint given by one Srinivas Udumudi of Hyderabad and in connection with the said crime, the police affected the arrest of the alleged detenu on 30-01-2009 by following due procedure and subsequently, he was produced before the learned XII Additional Chief Metropolitan Magistrate, Nampally. On such production, the learned Magistrate remanded the alleged detenu to judicial custody and consequent to the remand order, the alleged detenu is now lodged at Central Prison, Chenchalguda. When the alleged detenu was produced before the learned Magistrate seeking judicial remand, he has not made any complaint about the illegal detention. Further, since the alleged detenu has been detained pursuant to the remand order passed by the learned Magistrate, we do not see any merit in the contents of the telegram that the alleged detenu has been illegally detained by the police. The writ petition is accordingly dismissed. A. GOPAL REDDY, J B. CHANDRA KUMAR, J 18-02-2009 ks