IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF DECEMBER 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 : 26158 of 2008 Between: Syed Hasan, S/o. Syed Khader, Srinivasanagar, Kukatpally, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Sanath Nagar, Hyderabad. 2 The Commissioner of Police, 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 For the reasons stated in the "Telegram" dated 24-11-2008 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 son of the Petitioner herein viz., Sri Syed Ahmed, before this Hon'ble Court, who was illegally detained by the police, 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 Respondent No.: THE ADVOCATE GENERAL The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION NO.26158 OF 2008 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) This is a taken up writ petition for issuance of a writ of habeas corpus on the basis of telegram sent by the petitioner dated 24.11.2008 to the Hon’ble Chief Justice alleging that his son viz., Syed Ahmed is missing for the past fortnight and he found him in the illegal detention of police of Sanathnagar Police Station and apprehending danger to his life. On issuance of notice, Inspector of Police, Sanathnagar Police Station, Cyberabad, first respondent herein filed an affidavit stating that on the complaint lodged by one Smt. Parin Rashyani of Rajendranagar Mandal, a case in Crime No.1335 of 2008 for the offences under Sections 356 and 379 I.P.C. was registered on the file of Rajendranagar Police Station on 21.11.2008 and in that connection, the alleged detenu was arrested on 25.11.2008. He was produced before the VIII Metropolitan Magistrate, Cyberabad at Rajendranagar on 26.11.2008 and pursuant to the remand order passed by the Magistrate, he was lodged at Central Prison, Cherlapally, which fact was also intimated to his cousin on 26.11.2008. The alleged detenu was later enlarged on bail on 27.11.2008 with a condition to appear before the Station House Officer on every Monday between 10.00 a.m. to 1.00 p.m. until further order. Meanwhile, the alleged detenu has also involved in Crime No.544 of 2008 for the offences under Sections 356 and 379 I.P.C. on the file of first respondent in which he was arrayed as A.3. After coming to know about his arrest by the Rajendranagar Police, the first respondent filed P.T. Warrant petition to regularize his arrest in the said crime, but by that time, he was enlarged on bail and now, the police are making efforts to apprehend the detenu in connection with Crime No.544 of 2008. Since the alleged detenu was not illegally detained as alleged in the telegram dated 24.11.2008 and in fact, he is an accused arrayed as A.3 in connection with Crime No.544 of 2008 on the file of first respondent, it is directed that in the event of arrest of the alleged detenu in connection with the said crime, the first respondent shall produce him before the concerned Magistrate with due intimation to the petitioner. With the above direction, the writ petition is disposed of. There shall be no order as to costs. _________________ (A. GOPAL REDDY, J.) _______________ (R. KANTHA RAO, J.) DECEMBER 15, 2008 TSR Copy To: 1 The Station House Officer, Sanath Nagar, Hyderabad. 2 The Commissioner of Police, Hyderabad. 3. C.C. to Advocate General, High Court Buildings, High Court (OUT) 4. Two C.D.Copies.