IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF NOVEMBER 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. 22461 of 2008 Between: Haleema Fathima, 6-1-171/7,Chilakalguda, Secunderabad. ..... PETITIONER AND 1 The Station House officer, Bowenpally , Hyderabad District 2 The Commissioner of Police, Basheerbagh, Hyderabad. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 13.10.2008 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 husband by name Sk.Anwar, before this Hon`ble Court who was illegally detained by the Bowenpally police on 12.10.2008 at about 10.30.P.M. apprehending danger to his life and set him at liberty forthwith and to pass Counsel for the Petitioner : TELEGRAM Counsel for the Respondents : THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.22461 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice K.C.Bhanu) Heard learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is initiated at the instance of the petitioner’s telegram, dated 13-10-2008, wherein it is alleged that the petitioner’s husband viz., Sk. Anwar was illegally detained on 12-10-2008 by the Police of Bowenpally Police Station, Hyderabad, that she is apprehending danger to his life and set him at liberty. 3. A counter aﬃdavit has been ﬁled by the Inspector of Police, Bowenpally Police Station, Hyderabad, representing the ﬁrst respondent herein, stating that the alleged detenu was called to the Police Station in connection with a complaint against a School Bus Driver Mohd. Asad and after examining him, he was let oﬀ. It is speciﬁcally denied that the alleged detenu was in the illegal custody of the ﬁrst respondent police. In order to establish that the alleged detenu is moving freely, the ﬁrst respondent police requested the Tahsildar, Musheerabad Mandal, to record the statement of the alleged detenu. Accordingly, the Tahsildar, Musheerabad Mandal, recorded the statement of the alleged detenu, on 24-10-2008. The statement of the alleged detenu, which was made part of the record, clearly go to show that at no point of time, he was illegally detained by the ﬁrst respondent police and he was moving freely. 4. In view of the facts stated in the counter aﬃdavit, the question of illegal detention 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 07-11-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House officer, Bowenpally , Hyderabad District 2 The Commissioner of Police, Basheerbagh, Hyderabad. 3. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 4. 2 CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.22461 of 2008 07-11-2008 (Msr)