IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE G.V.SEETHAPATHY WRIT PETITION NO : 385 of 2009 Between: Smt. K.Suryakala, W/o. K. Kishan, R/o. Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Asifnagar Police Station, Hyderabad. 2 The Assistant Commissioner of Police, Asifnagar, Hyderabad. 3 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 10-01-2009 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 husband of Petitioner herein namely K. Kishan, before this Hon'ble Court, who was illegally detained since 06-01-2009 by the Assistant Commissioner of Police, Asifnagar, Hyderabad 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 A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY WRIT PETITION NO.385 OF 2009 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) This is a taken up writ petition on the basis of telegram dated 10.1.2009 sent by the petitioner to the Hon’ble Chief Justice alleging illegal detention of her husband namely, K.Kishan by the Assistant Commissioner of Police, Asifnagar, Hyderabad since 06.01.2009 onwards. In response to the notice, Inspector of Police, Asifnagar Police Station, Hyderabad, 1st respondent herein filed an affidavit along with the statement of the alleged detenu recorded by the Tahsildar, Asifnagar Mandal, Hyderabad. In the affidavit filed by the 1st respondent it is stated that on receipt of notice, when enquiry was caused with regard to the whereabouts of the alleged detenu, he was found moving freely by attending day-to-day works and hence, the 1st respondent got recorded the statement of the alleged detenu through the Tahsildar, Asifnagar Mandal, Hyderabad. The said statement of the alleged detenu discloses that he involved in an earlier Crime No.94 of 2003 on the file of Asifnagar Police Station and on 6.1.2009 as he came to know that police came to his house about him, he scared, left the house and stayed at his friend’s house at Chandrayangutta. In view of the statement of the alleged detenu recorded by the Tahsildar, Asifnagar Mandal, Hyderabad, we do not see any merit in the contents of the telegram. The writ petition is accordingly dismissed. There shall be no order as to costs. _________________ (A. GOPAL REDDY, J.) _______________ (G.V.SEETHAPATHY, J.) FEBRUARY 04, 2009 TSR