IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION Nos. 25047 & 25104 of 2008 WRIT PETITION No. 25047 of 2008 Between: Mrs. Shika, W/o. Abdul Vaseem, R/o. Chilkalguda, Padmakala Apartment, Secunderabad. ..... PETITIONER AND 1 The Station House Officer, Habeebnagar Police Station, Hyderabad. 2 The Commissioner of Police, 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 For the reasons stated in the "Telegram" dated 11-11- 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 husband of the Petitioner namely Mr. Abdul Vaseem, before this Hon'ble Court, who was illegally detained by the police of Habeebnagar on 04- 11-2008 at 14.00 hrs, 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 WRIT PETITION No.25104 of 2008 Between: Mrs. Khursheed Begum, W/o. S.A. Quadir, R/o. 11-4-229, Kirdibasti, Chilkalguda, Secunderabad. ..... PETITIONER AND 1 The Station House Officer, Habeebnagar, Hyderabad. 2 The Commissioner of Police, 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 11-11- 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's husband by name Mr. S.A. Quadir, S/o. S.A. Shokoor, before this Hon'ble Court, who is illegally detained from 04-11-2008 at about 14.00 hrs by the Habeebnagar Police, Hyderabad, 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 : THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION Nos. 25047 and 25104 of 2008 COMMON ORDER (Per the Hon’ble Sri Justice A.Gopal Reddy): These two writ petitions are taken up for issuance of writ of Habeas Corpus on the basis of the telegrams dated 11.11.2008 sent by the petitioners alleging that their husbands viz., Abdul Vaseem (husband of the petitioner in W.P.No.25047 of 2008) and S.A.Quadir (husband of the petitioner in W.P.No.25104 of 2008) were illegally detained by the Habeebnagar Police, Hyderabad since 04.11.2008 and the petitioners are apprehending danger to the lives of the alleged detenus. The Inspector of Police, Habeebnagar Police Station, the first respondent filed a common affidavit denying the allegations that the alleged detenus were illegally detained either on 04.11.2008 or on any subsequent date. It is also stated that on the basis of a complaint given by one Mohd.Ismail, R/o. Agapura, Hyderabad on 05.11.2008 a case in Crime No.200 of 2008 was registered for the offences punishable under Sections 419 and 420 I.P.C and the alleged detenus were arrayed as Accused Nos.1 and 3 in the said crime. During the course of investigation, the alleged detenus were arrested on 13.11.2008 and were produced before the Chief Metropolitan Magistrate, Hyderabad on 14.11.2008 for remand. On such production, the learned Magistrate remanded the alleged detenus to judicial custody and accordingly they are now lodged at Central Prison, Chenchalguda, Hyderabad. When the alleged detenus were produced before the learned Magistrate for judicial remand, they have not complained that they were illegally detained by the police, and therefore, no credence can be given to the allegations made by the petitioners in their telegrams dated 11.11.2008 that their husbands were illegally detailed by the police since 04.11.2008. The writ petitions are accordingly dismissed. A.GOPAL REDDY, J R. KANTHA RAO, J Date: 01.12.2008 va