IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 1944 of 2008 Between: Abdul Samad, Charminar, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Dhone Police Station, Kurnool District. 2 The Superintendent of Police, Kurnool, Kurnool District. 3 The Director General 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 25-01-2008 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 brother of the Petitioner Abdul Shareef, Rambabu, Driver, before this Hon'ble Court, who were illegally detained by the police of Dhone, Taluk, Kurnool District, apprehending danger to their lives and set them 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 NOOTY RAMAMOHANA RAO WRIT PETITION No. 1944 OF 2008 ORDER: (Per Hon’ble Sri Justice A.Gopal Reddy) Telegram sent by the petitioner dated 25.01.2008 alleging that police of Dhone Police Station illegally detained his brother Abdul Shareef, Rambabu while they were traveling from Hyderabad to Dhone in Tata transport vehicle along with case of Rs.3,00,000/- and apprehending danger to their lives, has been taken up as Writ Petition. In response to the notice issued, the Sub-Inspector of Police, Krishnagiri Police Station of Dhone Circle filed a counter stating that the alleged detenu No.1 viz. Abdul Shareef is accused No.1 in connection with Crime No.36 of 2008 under Section 420 IPC on the file of Dhone Police Station and he was arrested on 29.1.2008 and on the same day produced before the Judicial First Class Magistrate, Dhone. On such production, the learned Magistrate was pleased to remand him to judicial custody. Initially, he was lodged at Sub-Jail, Dhone and later enlarged on bail on 7.2.2008. It is asserted that the alleged detenu No.2 viz., Rambabu was neither detained nor arrested but he has acted as one of the witnesses in the above referred crime. In the light of above statement made by the first respondent, the allegation that the alleged detenus were illegally detained by the police does not merit consideration. The Writ Petition is accordingly dismissed. No costs. ________________ A. GOPAL REDDY, J. _______________________ NOOTY RAMAMOHANA RAO,J. 18.02.2008 tsr To 1 The Station House Officer, Dhone Police Station, Kurnool District. 2 The Superintendent of Police, Kurnool, Kurnool District. 3 The Director General of Police, Hyderabad. 4. Two C.C.s to Advocate General, High Court Buildings, (OUT) 5. Two C.D. copies.