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 : 9574 of 2008 Between: Irfath Sultana, W/o. Omer Khan, R/o. 22-2-229, inside Dabeerpura, Hyderabad. ..... PETITIONER AND 1 The Inspector of Police, Task Force, Central Zone, Hyderabad. 2 The Commissioner of Police, Hyderabad. ...RESPONDENTS 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 For the reasons stated in the "Telegram" dated 23-04-2008 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 husband of Omer Khan, S/o. Bahadur Khan, before this Hon'ble Court, who was illegally detained since by the police of Task Force, Central Zone, 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 : ORDER: (per GC.J) Telegram dated 23.4.2008 sent by the petitioner herein to the Hon’ble the Chief Justice of this Court is treated as a writ petition and notices were ordered. In response to the notices, the Inspector of Police, Task Force, North Zone, Hyderabad, the 1st respondent herein has filed a counter affidavit. In para 4 of the said counter affidavit, it is averred as under; “It is to be submitted that the alleged detenu is Accused No.6 in Crime No.143 of 2008 for the offence under Section 120- B IPC, 20(b) NDPS Act, 25 (1)(b) of Indian Arms Act and Section 130/177 of Motor Vehicles Act of Begumpet Police Station, Secunderabad. In connection with the above crime and basing on the confessional statement of the Accused No.1, namely Omer Quadri (alleged detenu in Taken up W.P.No.9346 of 2008), the alleged detenu herein namely, Omer Khan was apprehended by the Task Force Police, North Zone, Hyderabad on 23.4.2008 and handed over to the Begumpet Police Station for taking further action. Apart from arresting the Accused No.1 and the alleged detenu herein, the Task Force Police, North Zone, Hyderabad also apprehended their associates. After completing the formalities, the Task Force Police, North Zone, Hyderabad handed over the alleged detenu and other Accused to the Station House Officer, Begumpet Police Station for taking further action on 24.4.2008 at 01.00 hours, since the offence was taken place within the local limits of Begumpet Police Station. After handing over the alleged detenu and other Accused to the Begumpet Police, they affected the arrest of the alleged detenu and other accused on 24.4.2008. On the same day the Begumpet Police produced the alleged detenu and other Accused before the Hon’ble XI Additional Chief Metropolitan Magistrate Court, Secunderabad for their remand. The learned Magistrate, on such production of the alleged detenue and other Accused before the Court, was pleased to remand them to judicial custody. By virtue of the said remand order of the learned Magistrate dated 24.4.2008, the alleged detenue herein and other accused were now lodged at Central Prison, Chanchalguda, Hyderabad.” In view of what is contained in the above reproduced paragraph, the writ petition is disposed of as infructuous. G.CHANDRAIAH,J DT.14.5.2008 C.V.NAGARJUNA REDDY,J msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Inspector of Police, Task Force, Central Zone, Hyderabad. 2 The Commissioner of Police, Hyderabad. 3 2CCs to Advocate General, High Court of A.P. Hyd. 4 2CD copies