IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER 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.19412 of 2008 Between: Shaik Ayub Miya, S/o. Khuran, H.No. 11-1-1684, Chandrasekhar Colony, Nizamabad. ..... PETITIONER AND 1 The Station House Officer, III Town Police Station, Nizamabad. 2 The Superintendent of Police, Nizamabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that for the reasons stated in the "Fax Message" dated 03-09-2008 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 elder brother of the Petitioner viz., Shaik Bada Miya, S/o. Khuran, before this Hon'ble Court, who was detained by the III Town police, Nizamabad on 25-08-2008, 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: FAX MESSAGE Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following : THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.19412 of 2008 ORAL ORDER: (per THE HON’BLE SRI JUSTICE D.S.R.VARMA) This writ petition is taken up on the basis of the fax message, dated 03.09.2008, sent to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, by one Shaik Ayub Miya, S/o Khuran, resident of Nizamabad, alleging that his elder brother by name Shaik Bada Miya was illegally detained by the police personnel of III Town Police Station, Nizamabad, since 25.08.2008. 2. In response to the notice, issued by this Court, the ﬁrst respondent-Sub-Inspector of Police, III Town Police Station, Nizamabad, ﬁled counter- aﬃdavit stating, inter alia, that he got enquired into the contents of the said fax message, and the investigation revealed that at no point of time, the alleged detenu was illegally detained by the Police, and that, as of today, he is moving freely and attending to his day-to-day duties. However, he was produced before the Tahsildar, Nizamabad, within whose jurisdiction the alleged detenu has been residing in order to record his statement. Accordingly, on 17.09.2008, the Tahsildar, Nizamabad, after conducting a thorough enquiry, recorded the statement of the alleged detenu. 3. It appears that the alleged detenu stated before him that he had no knowledge about sending of the present fax message by his brother. The said statement further reveals that the alleged detenu was never in the custody of the Police, much less illegally. 4. The said statement of the alleged detenu is made part of the record. 5. We do not ﬁnd any apparent reason to disbelieve the said statement made by the alleged detenu before the Tahsildar, Nizamabad. For the foregoing, we are of the view that the question of issuing a writ of Habeas Corpus does not arise. Accordingly, the writ petition is liable to be dismissed. In the result, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. _______________ D.S.R.VARMA, J ______________ K.C.BHANU, J 24th September 2008 dr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, III Town Police Station, Nizamabad. 2 The Superintendent of Police, Nizamabad. 3 2CCs to Advocate General, High Court of A.P., Hyderabad. (OUT) 4 2CD copies