IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY 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. 14311 of 2008 Between: Ahmed Khan, R/o. 19-3-441/1, Jahanuma, Hyderabad. ..... PETITIONER AND 1 The Assistant Commissioner of Police, Mustafanagar, Hyderabad. 2 The Commissioner of Police, Hyderabad District at Hyderabad. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 01-07-2008 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 nephew of the Petitioner herein viz., Syed Shaker, before this Hon'ble Court, who was illegally taken away by Assistant Commissioner of Police and his Party, Mustafanagar, Hyderabad, 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 HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.14311 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice K.C.Bhanu) Heard learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is initiated at the instance of the petitioner’s telegram, dated 01-07-2008, wherein it is alleged that the nephew of the petitioner viz., Syed Shaker, was illegally detained by the Assistant Commissioner of Police and his party, Mustafanagar, Hyderabad, and that he is apprehending danger to his life. 3. A counter affidavit has been filed by the Assistant Commissioner of Police, Falaknuma, Hyderabad, stating that the alleged detenu was Accused No.3 in Crime No.185 of 2008 for the offence punishable under Section 41(d) and 102 Cr.P.C., and Sections 411 and 420 I.P.C., of Shah Inayath Gunj Police Station, which was registered on 30-06-2008. He was arrested on the same day i.e., on 30-06-2008 in connection with the above said crime and produced before the Chief Metropolitan Magistrate, Nampally, Hyderabad, who inturn remanded him to judicial custody. By virtue of the said remand order, dated 01-07-2008, of the learned Magistrate, the alleged detenu is now lodged at Central Prison, Chenchalguda, Hyderabad. 4. In view of the fact that the alleged detenu was remanded by the competent Court in pursuance of the registration of a crime and was not detained illegally by the first respondent police, the question of issuing Writ of Habeas Corpus does not arise. 5. For the foregoing, there are no merits in the writ petition and the same is liable to be dismissed. 6. Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 21-07-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Assistant Commissioner of Police, Mustafanagar, Hyderabad. 2 The Commissioner of Police, Hyderabad District at Hyderabad. 3. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 4. 2 CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.14311 of 2008 21-07-2008 (Msr)