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 : 9518 of 2008 Between: Mohd. Khaleel Uddin, Hyderabad. ..... PETITIONER AND 1 The Sub-Inspector of Police, Task Force Police, 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 24-04-2008 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 following persons by names (1) Sameer (2) Syed Moinuddin (3) Jallel (4) Zahid (5) Mujeeb (6) Adil, before this Hon'ble Court, who are illegally detained by the Task Force Police, 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 C.V. Nagarjuna Reddy, J) In this writ petition taken on the basis of telegram alleging illegal detention of six alleged detenus, Inspector of Police, Task Force, West Zone, Hyderabad filed a counter affidavit in which it is mentioned that as per the record, original names of alleged detenus 1, 3, 4, 5 and 6 are Syed Sameer-ul-Hasan, son of Syed Waji-ul- Hasan; Abdul Jaleel, son of Mohd. Kaleel; Shaik Zahed, son of late Shaik Hameed; Syed Mujeebuddin, son of late Syed Saleemuddin and Shaik Adil, son of Shaik Chand respectively, that in connection with Crime No.496 of 2008 registered for the offences under Sections 25 (1-B) (a) and 30 of Arms Act and Section 177 read with Section 120 (B) IPC by the Banjara Hills Police Station, respondent No.1 police apprehended alleged detenus 1, 3, 4, 5 and 6 along with the other accused on 25-04-2008 at 13 hours near Water Tank, Road No.7, Banjara Hills, Hyderabad, that immediately on the same day, after their interrogation they were handed over by the 1st respondent police to Banjara Hills police for taking further action, that the Banjara Hills police effected the arrest of the alleged detenus on the same day and on 26-04-2008, they were produced before the learned III Additional Chief Metropolitan Magistrate, Nampally, Hyderabad for remand and that the learned jurisdictional Magistrate remanded them to judicial custody. It is further mentioned that in pursuance of the said remand order, the alleged detenus were lodged at Central Prison, Chenchalguda, Hyderabad and they were subsequently enlarged on bail on 01-05-2008. As regards detenu No.2 viz., Syed Moinuddin, respondent No.1 police denied his detention at any point of time. It is further stated that their investigation revealed that his original name is Abdul Hameed, son of late Shaik Moinuddin and that respondent No.1 police apprehended the said Abdul Hameed on 25-04-2008 as he figured as accused No.4 in the above mentioned crime viz., Crime No. 496 of 2008. It is further alleged that the petitioner who gave the telegram wrongly mentioned his name with a malafide intention. It is further mentioned that the said detenu was produced before the learned III Additional Chief Metropolitan Magistrate, Nampally on 26-04-2008 and that he was remanded by the learned Magistrate for judicial custody and in pursuance of the said remand order, he was lodged at Central Prison, Chenchalguda and enlarged on regular bail on 01-05- 2008. In view of the above mentioned facts contained in the counter affidavit, the writ petition has become infructuous and it 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 Sub-Inspector of Police, Task Force Police, Hyderabad. 2 The Commissioner of Police, Hyderabad. 3 2CCs to the Advocate General, High Court of Andhra Pradesh, Hyderabad (OUT). 4 2CD copies