IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.CHANDRA KUMAR WRIT PETITION NO : 2240 of 2009 Between: Smt. Badrunnisa, W/o. Mohd. Akbar, R/o. H.No. 44/82/3, New Srinagar Colony, Moula-Ali, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Amberpet Police Station, Hyderabad. 2 The Commissioner of Police, A.P., 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 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 husband namely Mohd. Akber, aged 62 years, who is an Asthma Patient and also High Hypertension and Diabetics, before this Hon'ble Court, who was illegally detained since 01-02-2009 by the police Task Force, Amberpet, 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 B.CHANDRA KUMAR W.P.NO.2240 OF 2009 JUDGMENT: (PER AGRJ) This is a taken up writ petition on the basis of the telegram dated 05.02.2009 sent by the petitioner alleging that her husband – Mohd. Akber has been illegally detained by Police Task Force, Amberpet on 1.2.2009 and apprehending danger to his life and seeks to issue a writ of habeas corpus directing the respondents to set him at liberty forth with. In response to the notice, the 1st respondent filed affidavit stating that on the complaint given by one G.Venkateshwarlu, Retired Professor of Osmania University, dated 4.2.2009 with the Police Ghatkesar, the police registered a case in Crime No.36 of 2009 for the offences punishable under Sections 420, 468, 471, and 475 of IPC against the detenue. During the course of investigation, the police, Ghatkesar arrested A14 – Pasham Narsimha Reddy, A15 – Singireddy Srinivasa Reddy and on interrogation A15 confessed that the detenue helped him in preparing fake documents. In pursuant to the confession of A15 the detenue, who is A6 has been arrested on 10.02.2009 at 17.00 hours. During interrogation he confessed to have committed the offence at the instance of A.1 and A3 and he prepared the fake documents and produced him before the XIII Metropolitan Magistrate at L.B.Nagar on 11.2.2009 and the learned Magistrate remanded him to judicial custody and that the detenue was lodged at Cherlapalli Jail. At the time of remand, the detenue did not complain to the learned Magistrate that he was illegally detained by the police Amberpet. In view of the affidavit of the 1st respondent no credence can be given to the allegations made in the telegram dated 5.2.2009 sent by the petitioner. Having regard to the facts and circumstances of the case that since the detenue was arrested in Crime No.36 of 2009 for the offences under Section 420, 468, 471 and 472 of IPC of PS Ghatkesar and he was produced before the concerned Magistrate without any delay. It cannot be said that the detenue was illegally detained warranting interference by way of writ of habeas corpus. We find no grounds in the writ petition and the same is accordingly dismissed. Accordingly, the writ petition is dismissed. No costs. ____________________ A.GOPAL REDDY,J Dated: 24.02.2009 _______________________ B.CHANDRA KUMAR,J kvrm HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE B.CHANDRA KUMAR W.P.NO.2240 OF 2009 DATED: 24.02.2009