IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU TAKEN UP WRIT PETITION NO.11791 of 2008 Between: Smt. Begum Bee @ Begum, W/o. Shaik Jilani, R/o. H.No. 14-2-191/1, Gyanbagh, Mangalhat, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Shahinayathgunj, Begum Bazar, Hyderabad. 2 The Commissioner of Police, Basheerbagh, Hyderabad. .....RESPONDENT(S) For the reasons stated in the "Petition" dated NIL 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 viz., Shaik Jahanjir, S/o. Shaik Jilani, before this Hon'ble Court, who was illegally detained by the Sub-Inspector of Police, Shahinayathgunj Police Station, Hyderabad on 12-05-2008 at about 05.00 P.M., 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 : LETTER Counsel for the Respondents : THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.11791 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This writ petition is taken up basing on a petition, dated –nil- sent by one Smt. Begum Bee @ Begum, w/o. Shaik Jilani, resident of H.No.14-2-191/1, Gyanbagh, Mangalhat, Hyderabad, to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, seeking Writ of Habeas Corpus, alleging that her son viz., Shaik Jahangir, s/o. Shaik Jilani, was illegally detained by the Sub-Inspector of Police, Shahinayathgunj Police Station, Hyderabad, on 12-05-2008 at 5-00 pm., and that she is apprehending danger to his life. 3. A counter affidavit has been filed by the Inspector of Police, representing the first respondent herein, stating inter alia that the alleged detenu was accused in Crime No.152 of 2008 for the offence punishable under Section 379 of Indian Penal Code of Shahinayathgunj Police Station, which has been registered on 17-05-2008 basing on a complaint given by one Smt. Fouzia Sulthana, resident of Shahinayathgunj. It is further stated that the alleged detenu was arrested on 18-05-2008 in connection with the above said crime and produced before the Chief Metropolitan Magistrate, Nampally, Hyderabad, on 19-05-2008, who inturn remanded him to judicial custody. Pursuant to the said remand order by the learned Magistrate, the alleged detenu was initially lodged at Central Prison, Chenchalguda, Hyderabad, and subsequently enlarged on regular bail by the learned Magistrate, on 21- 05-2008. The first respondent further denied all other averments that the alleged detenu was subjected to ill-treatment or third degree methods. In fact, there is no positive proof in this regard. 4. Having regard to the facts stated in the counter affidavit, the question of illegal detention does not arise. 5. For the foregoing, we see no grounds to continue the writ petition any further and the same is liable to be dismissed. 6. Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 25-06-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Shahinayathgunj, Begum Bazar, Hyderabad. 2 The Commissioner of Police, Basheerbagh, Hyderabad. 3. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 4. 2 CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.11791 of 2008 25-06-2008 (Msr)