IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTEENTH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH and THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 9516 of 2008 Between: Smt. Masarath Fathima, W/o. Abdullah Bin Salam, R/o. 22-4-230/1, Kotla Alijah, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Mirchowk, Hyderabad. 2 The Commissioner of Police, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that for the reasons stated in the "Telegram" dated 22-04-2008 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 by name Mohammed, S/o. Abdullah Bin Salam, before this Hon'ble Court, who is illegally detained from 12/04/2008 by the police Mirchowk, 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 Respondents: THE ADVOCATE GENERAL The Court at the stage of admission made the following : ORDER: (per Sri G. Chandraiah, J) Telegram dated 22-04-2008 is taken up as a writ petition. It is averred in the telegram that the petitioner’s son Mohammed was illegally detained from 12-04- 2008 by the police, Mirchowk and that there is danger to his life. In response to the notice issued by this Court, Inspector of Police, Mirchowk Police Station filed a counter affidavit. In paragraph 4 of the counter affidavit, it is stated as under: “It is to be submitted that the alleged detenu namely, Mohammed is Accused No.2 in Crime No.30 of 2008 for the offence under Section 382 IPC of Mirchowk Police Station. As per the Case Diary, the original name of the alleged detenu is Mohd. Bin Abdullah s/o Abdullah Bin Salam. The above crime has been registered on 29-2-2008 basing on a complaint given by one Smt.M. Prabhavathi of Khammam. Pursuant to the registration of the above Crime, the alleged detenu being A.2 was arrested on 22-4-2008. Subsequently, on 23-4-2008 the alleged detenu was produced before the Hon’ble VIII Additional Chief Metropolitan Magistrate Court at Nampally, Hyderabad for his remand along with Charge Sheet. The learned Magistrate, on such production of the alleged detenu before the Court, was pleased to remand him to judicial custody. Pursuant to the said remand order of the learned Magistrate, initially the alleged detenu was lodged at Central Prison, Chanchalguda, Hyderabad. However, it appears that the alleged detenu was enlarged on regular bail by the Hon’ble VIII Additional Chief Metropolitan Magistrate, Hyderabad on 25-4-2008.” In view of what is contained in the above reproduced paragraph, the writ petition is disposed of as infructuous. G.CHANDRAIAH, J C.V.NAGARJUNA REDDY, J Dated: 14-05-2008 ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Mirchowk, Hyderabad. 2 The Commissioner of Police, Hyderabad. 3 2CCs to the Government Pleader for Commercial Taxes, High Court of Andhra Pradesh, Hyderabad (OUT). 4 2CD copies