IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF MARCH 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 : 2997 of 2009 Between: Naseem Begum, W/o. Habeeb Hassan, R/o. 10-2-244, King Colony, Shastripuram, Hyderabad. ..... PETITIONER AND 1 The Inspector of Police, Task Force, Hyderabad. 2 The Commissioner of Police, Hyderabad. 3 The Deputy Commissioner of Police, Task Force, South Zone, Hyderabad. 4 The Deputy Commissioner of Police, Task Force, North Zone, Hyderabad. 5 The Deputy Commissioner of Police, Task Force, Central Zone, 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 the "Telegram" dated 13-02-2009 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 Petitioner's son namely Habeeb Basith, who was illegally taken away by the Task Force Personnel at about 07.30 A.M. on 13/02/2009 and detained him since then 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.2997 OF 2009 JUDGMENT: (PER AGRJ) This is a taken up writ petition basing on the telegram dated 13.02.2009 sent by the petitioner by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking to issue an order or direction more particularly one in the nature of writ of habeas corpus directing the respondents to produce the petitioner’s son viz. Habeeb Basith, who was illegally taken away by the Task Force Personnel at about 07.30 AM on 13.02.2009 and detained him since then and apprehending danger to his life and set him at liberty forthwith. In response to the notice, 1st respondent –The Inspector of Police, Task Force, East Zone, Hyderabad filed counter stating that on the complaint given by the Sub Inspector of Police, Task Force, East zone, Hyderabad a petty case No.271 of 2009 for the offence punishable under Section 70-C of the Hyderabad City Police Act was registered by the police Kachiguda and that on 13.02.2009 the detenue was arrested in the said petty case and the Station House Officer, Kachiguda released him on bail on the same day after obtaining a personal bond from the detenue and on that the detenue was produced before the VIII Special Metropolitan Magistrate, Hyderabad on 25.02.2009 along with petty case charge sheet and the learned Magistrate registered the case as STC No. 264 of 2009 and on the plea of the guilt of the detenue the learned Magistrate imposed a fine of Rs.50/- on the detenue and he paid the said amount and in the circumstances it is submitted that the detenue was not illegally detained either by the 1st respondent or by the police Kachiguda. From the counter, it is clear that the detenue was arrested by the Police Kachiguda in a Petty Case No.271 of 2009 registered for the offence punishable under Section 70-C of the Hyderabad City Police Act, and he was fined by the concerned Magistrate in the said petty case, it cannot be said that the son of the petitioner was illegally detained by the respondents. Therefore, we do not find any merits in the writ petition. Accordingly, the writ petition is dismissed. No costs. ____________________ A.GOPAL REDDY,J Dated: 03.03.2009 _______________________ B.CHANDRA KUMAR,J kvrm HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE B.CHANDRA KUMAR W.P.NO.2997 OF 2009 DATED: 03.03.2009