IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No. 15617 of 2008 Between: Tasneem Fatima, W/o. Md. Naseeruddin, H.No. 16-2-867/A/11, Jeevan Yarjung Colony, Sayeedabad, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Saidabad Police Station, Hyderabad. 2 The Commissioner of Police, Basheerbagh at Hyderabad. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 16-07-2008 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 son of the Petitioner namely Md. Muqueemuddin, R/o. H.No. 16-2-867/A/11, Jeevan Yarjung Colony, Sayeedabad, Hyderabad, before this Hon'ble Court, who was illegally detained on 15/07/2008 at 08.30 P.M. by the police of Sayeedabad Police Station, 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.15617 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) 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 16-07-2008, wherein it is alleged that the son of the petitioner viz., Md. Muqueemuddin, resident of H.No.16-2-867/A/11, Jeevan Yarjung Colony, Saidabad, Hyderabad, was illegally detained by the Police of Saidabad Police Station, Hyderabad, on 15-07-2008, and that she is apprehending danger to his life. 3. A counter aﬃdavit has been ﬁled by the Inspector of Police, Saidabad Police Station, Hyderabad, representing the ﬁrst respondent herein, stating that the alleged detenu is Accused No.22 in Crime No.198 of 2007 for the oﬀence punishable under Sections 120 (B)(1)(2), 124-A, 125 and 126 of Indian Penal Code of Gopalapuram Police Station, which was registered way back on 15-06-2007. Subsequently, the alleged detenu was arrested on 15-07-2008 in connection with the above said crime and produced before the X Additional Chief Metropolitan Magistrate at Secunderabad, on 16-07-2008, who inturn remanded him to judicial custody. By virtue of the remand order, dated 16-07-2008, of the learned Magistrate, the alleged detenu is now lodged at Central Prison, Cherlapally, Ranga Reddy District. The copies of the F.I.R. and the remand report ﬁled along with the counter affidavit are made part of the record. 4. In view of the fact that the alleged detenu was remanded to judicial custody in pursuance of the judicial order of remand passed by the learned Magistrate, 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 05-08-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Saidabad Police Station, Hyderabad. 2 The Commissioner of Police, Basheerbagh 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.15617 of 2008 05-08-2008 (Msr)