HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION NO. 1213 OF 2011 Friday, the Fourth day of February, Two Thousand and Eleven Between Smt. Bibi Farida Petitioner AND The State of Andhra Pradesh, Rep. by its Commissioner of Police, Cyberabad, Hyderabad and and others Respondents THE COURT MADE THE FOLLOWING: ORDER(per the Hon’ble Sri Justice V.Eswaraiah) Wife of the alleged detenu filed this writ of habeas corpus alleging that the whereabouts of her husband Mohd. Khan s/o Zaheer Khan, resident of Edi Bazar, Hyderabad, who is doing cloth business, are not known from 21.1.2011. It is stated that on 21.1.2011 at about 7.30 p.m. four constables of the fourth respondent Police Station came to the house and asked about the whereabouts of her husband, without giving any reasons as to why her husband is required by them. It is stated that they also threatened saying that they were on the look out of her husband and entered into the house and took away Rs.3,000/- available in the house besides camera and some other certificates. The petitioner has not lodged complaint, though it is alleged that the police have committed cognizable offences. No representation has been filed either before the superior police officers or anybody, but straightaway filed the present writ of habeas corpus, alleging that her husband is under detention of the fourth respondent police. Counter is filed stating that the alleged detenu is an accused in Cr. No. 116 of 2011 of L.B. Nagar Police Station, which is registered on 18.1.2011 for the offence under Secs.454, 380 read with Sec. 511 IPC basing on the complaint of Smt. D.Savithri, Vijaya Garden, Bandlaguda, L.B. Nagar, wherein it is alleged that some unknown offenders entered into the house while the house was under lock and key and on returning home, she found that the main door lock was broken and the household articles were in pell-mell condition. Basing on the said complaint, the crime was registered and investigation was taken up and on visiting the scene of offence and conducting scene of offence panchanama, they have notice a cell phone in the premises and the investigation revealed that the cell phone was used by the alleged detenu and it belonged to him. Therefore, they are in search of the alleged detenu and could not apprehend him so far. As the alleged detenue is an accused in Cr. No. 116 of 2011 of P.S. L.B. Nagar, it cannot be said that the search by the police in connection with the crime is illegal or that he is in illegal custody of the fourth respondent police. The respondent police is looking out for the alleged detenu in connection with Cr. No. 116 of 2011 of P.S. L.B. Nagar, therefore, we do not find any truth in the allegations of the petitioner. Consequently, the writ petition fails and is accordingly dismissed. No order as to costs. ___________________ Justice V.Eswaraiah ________________________ Justice Vilas V.Azfulpurkar February 4, 2011 MAS