IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY 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. 12651 of 2008 Between: Munawer Sultana, W/o. Khaled Bin Bader, R/o. 14-1-211, Seetarampet, Mangalhat, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Banjara Hills Police Station, Hyderabad. 2 The Commissioner of Police, Hyderabad. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 13-06-2008 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 Petitioner's son namely Abid Bin Khaled, S/o. Khaled Bin Bada, before this Hon'ble Court, who is illegally detained since 08-06-2008 by the police Banjara Hills, Hyderabad 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 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.12651 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice K.C.Bhanu) Heard learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is taken up basing on the telegram, dated 13-06-2008, sent by the petitioner, wherein it is alleged that her son viz., Abid Bin Khaled, s/o. Khaled Bin Bada, was in illegal detention of the Banjara Hills police, since 08-06-2008 and to produce him before this Court. 3. A counter affidavit has been filed by the Inspector of Police, Banjara Hills Police Station, representing the first respondent herein, stating that the alleged detenu was Accused No.1 in Crime No.684 of 2008 of Banjara Hills Police Station, registered for the offence punishable under Sections 147, 364, 365, 307, 384, 342, read with Section 149 of Indian Penal Code. In connection with the above said crime, the alleged detenu was arrested on 16-06-2008 and produced before the III Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, who inturn remanded him to judicial custody and by virtue of the remand order, dated 17-06-2008, the alleged detenu is now lodged at Central Prison, Chenchalguda, Hyderabad. 4. In view of the categorical statement made by the first respondent, Inspector of Police, Banjara Hills Police Station, 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 07-07-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Banjara Hills Police Station, Hyderabad. 2 The Commissioner of Police, 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.12651 of 2008 07-07-2008 (Msr)