IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 21041 of 2008 Between: Ish Kumar, 12-11-319, Warashiguda, Secunderabad. ..... PETITIONER AND 1 The Station House Officer, City Crime Station, Hyderabad. 2 The Commissioner of Police, Basheerbagh, 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 23-09-2008 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 brother of Petitioner herein namely Sudhir Kumar @ Lalith, S/o. Ramesh Kumar, who was taken away by the CCS Police from his sister's house, Warasiguda, Secunderabad at 03.00 clock on 22/09/2008 and 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 GHULAM MOHAMMED AND HON’BLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION No.21041 of 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is taken up on the basis of a telegram dated 23-09-2008 sent by Ish Kumar to Hon’ble the Chief Justice alleging that his brother Sudhir Kumar @ Lalith has been taken away by CCS Police on 22-09-2008 at 3 ‘O’ clock, and he apprehends that his brother will be falsely implicated in the criminal case, and therefore seeking direction to respondents to produce Sudhir Kumar @ Lalith and set him at liberty forthwith. 2. Pursuant to the notice, the Deputy Commissioner of Police, Detective Department, Central Crime Station, Hyderabad, has ﬁled an aﬃdavit, inter alia, stating that Chilkalguda Police have eﬀected the arrest of alleged detenu on 24-09-2008 in connection with Crime No.601 of 2008 for the oﬀence under Section 399 of Indian Penal Code and Section 25(1)(a) of Indian Arms Act and on the same day, he was produced before X Additional Chief Metropolitan Magistrate, Secunderabad, who has remanded him in judicial custody and he was lodged in Central Prison, Chenchalguda, Hyderabad. It is also averred that the Magistrate had granted police custody of the alleged detenue from 02-10-2008 to 07-10-2008. Copies of FIR and remand report pertaining to the said crime and alleged detenu are produced before us. 3. A perusal of the aﬃdavit shows that alleged detenue is an accused in Crime No.601 of 2008 of Chilkalguda Police Station and he was arrested on 24-09-2008 and produced before the Magistrate concerned on the same day and remanded in judicial custody. In such situation, it cannot be said that the alleged detenu is illegally detained or taken away by the police without any lawful justiﬁcation. When the alleged detenu is an accused in the crime and the police have arrested him and produced before the Magistrate, the allegation in the telegram that the detenu is in illegal custody of the police has no semblance of truth. In fact, the arrest, and remand of the alleged detenu in judicial custody, are matter of record as seen from FIR and remand report, which are produced before us. In the circumstances, there is no illegal detention as alleged in the telegram and we are not inclined to continue the proceedings. 4. The writ petition is therefore closed. ___________________________ GHULAM MOHAMMED, J. ________________________ G.BHAVANI PRASAD, J. 16-10-2008 bsc