IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH 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 : 11108 of 2008 Between: A. Chandrakanth, R/o. Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Charminar Police Station, Hyderabad. 2 The Commissioner of Police, Basheerbagh, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that for the reasons stated in the "Telegram" dated 15-05-2008 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 son of the Petitioner herein, namely, A. Praveen, aged 22 years, who was illegally taken away by the police persons of Charminar Police Station on 14-05- 2008 at 04.00 P.M. from his shop at Ghansi Bazar 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 Respondents: THE ADVOCATE GENERAL The Court made the following : THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.11108 of 2008 ORAL ORDER: (per Hon’ble Sri Justice D.S.R.Varma) Heard the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This writ petition is taken up on the basis of a telegram, dated 15.05.2008, addressed to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, by one A.Chandrakanth, resident of Hyderabad, alleging that on 14.05.2008, at 4 p.m., five persons, claiming to be Police personnel, have illegally took away his son by name A.Praveen, aged about 22 years. 3. In response to the notice, issued by this Court, the first respondent-Sub-Inspector of Police, Charminar Police Station, Hyderanad, filed counter-affidavit wherein it is stated, inter alia, that upon receiving notice from this Court, enquiry was caused and, in the said enquiry, it has been revealed that the alleged detenu was called by the Afzal Gunj Police on 14.05.2008 and 15.05.2008, for the purpose of identifying the suspect in Crime No.416 of 2008 and on both the days he participated in the enquiry and eventually, he was let off. The said statement is made part of the record. 4. Further, the statement of the alleged detenu recorded by the Tahsildar, Bahadurpura Mandal, stating that he has been moving freely and attending to his day-to- day duties is also filed before this Court. 5. In view of the fact that the alleged detenu has been moving freely, more particularly, when he was not at all illegally confined by the respondents, the question of issuing a writ of Habeas Corpus does not arise. 6. For the foregoing, the writ petition is liable to be dismissed. 7. In the result, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. _______________ D.S.R.VARMA, J ______________ K.C.BHANU, J 10.06.2008 dr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Charminar Police Station, Hyderabad. 2 The Commissioner of Police, Basheerbagh, Hyderabad. 3 2CCs to Advocate General, High Court of A.P., Hyderabad. (OUT) 4 2CD copies