IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 22773 of 2007 Between: Azar Khan S/o.Feroz Sayed R/o.2200 Benjamin Franklin Parkway APT # N 302, PHILADELPHIA, PENNSYLAVANIA-19130 ..... PETITIONER AND 1 The Commissioner of Police, Cyberabad Basheerbagh, Hyderabad 2 The Station House officer, Police station Afzalgunj Hyderabad .....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 to issue a writ orde or direction or issue an appropriate writ more particualrly in thenature of writ of Hebeas corpus directing the respondents herein to produce thehusband of the petitioner herein by names Feroz Sayed S/o.Kazimali Sayed aged about 38 years, Occ:Research in Management studies with professor from Indian University, Pennsylvania,who was missing from 8.10.2007 at Hyderabad State of Andhra Pradesh, before this Hon`ble court and set him at liberty and to pass Counsel for the Petitioner: MR.S.CHANDRASEKHAR Counsel for the Respondents: THE ADVOCATE GENERAL The Court at the stage of admission made the following : ORDER: (per Sri A. Gopal Reddy, J) This is a writ of habeas corpus filed by the petitioner for production of her husband Feroz Sayed and for setting him at liberty forthwith. As per the averments made in the affidavit filed in support of the writ petition, the petitioner’s husband came to Hyderabad on 06- 10-2007 and took boarding at Hotel Nandini Residency near CBS, Hyderabad and on 08-10-2007, he had to go to Goa and on that day, he went to Golconda Fort and up to 4.30 PM to 5.30 PM, he was in touch with her on mobile phone. But after 5.30 PM, she could not contact him. When she requested, her brother Javed Hassan Khan residing at Mumbai came to Hyderabad to trace her husband and after enquiry, on 09-10-2007, he lodged a complaint before respondent No.2 on which basis police registered a case under man missing in F.I.R No. 768 of 2007 and she suspects that her husband might have been illegally detained by the police suspecting to be a member of any Muslim terrorist group. It is further stated that her husband drawn about Rs.5,00,000/- from the bank at Bangalore and carrying with him huge amount for shopping at Hyderabad and other places in India. From the above averments, the grievance of the petitioner appears to be that the alleged detenu withdrew Rs.5,00,000/- from the account of the petitioner and disappeared. The counter affidavit and the additional counter affidavits filed by the 2nd respondent discloses that the alleged detenu married one Dr. Sabiha Naseer Patel on 26-12-1997 and out of wedlock, they blessed with a baby girl, that differences cropped up between both of them and the alleged detenu sold the property pertaining to his wife Sabiha and left with the entire amount without informing her. When the said marriage was in subsistence, he married the petitioner herein on 9-8-2004. On coming to know, the 1st wife obtained divorce on 13-4-2005. The petitioner went to USA on H-1 Visa. He joined her as a dependant on H-4 Visa and started staying in USA. Later, due to differences between both of them, he again came to Bangalore under the guise that he would pursue his further studies and from that place he was missing and all efforts are being made to trace him. Since the husband of the petitioner (the alleged detenu) has not been illegally detained by the police as stated by the petitioner and he himself is voluntarily hiding without disclosing his whereabouts, no direction can be issued for his production as prayed for by the petitioner. The police are however directed to complete the investigation in Crime No. 768 of 2007 and file appropriate report before the competent criminal Court with due intimation to the petitioner. The writ petition is accordingly closed. A.GOPAL REDDY, J B.SESHASAYANA REDDY, J 24-03-2008 ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner of Police, Cyberabad Basheerbagh, Hyderabad 2 The Station House officer, Police station Afzalgunj Hyderabad 3 2 CCs to the Advocate General, High Court of Andhra Pradesh, Hyderabad (OUT). 4 2 CD copies