IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION Nos. 5987 & 6040 of 2009 WRIT PETITION No. 5987 of 2009 Between: Syeda Saleha W/o. Sattar R/o. H.No. 9-8-96/1, Pochamma Gada DMRL X Road, Near Santoshnagar, Hyderabad. ..... PETITIONER AND 1 The Inspector of Police P.S. Jeedimetla, R.R. District. 2 The Inspector of Police P.S. Medchal, R.R. District. 3 The Commissioner of Police Cyberabad, R.R. District. .....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 issue writ or order more particularly the Writ of Habeas Corpus ordering for the immediate Production Detenu in illegal confinement of the Respondents No. 1 to 3 in the interest of Justice and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.SYED AHMED ALI Counsel for the Respondent No.: THE ADVOCATE GENERAL WRIT PETITION NO : 6040 of 2009 Between: Syed Saleha, W/o. Sattar, R/o. 9-8-96/1, Pochamma Gada, DMRL X Road, Near Santoshnagar, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Medchal, Ranga Reddy District. 2 The Commissioner of Police, Cyberabad, 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 19-03- 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 Syed Muqtar, S/o. Syed Sattar, before this Hon'ble Court, who was illegally detained by the Medchal Police on 17/03/2009 at 08.00 A.M. 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 : COMMON ORDER (per Honourable Sri Justice K.C. Bhanu) Since the issue involved in these writ petitions is one and the same, they are heard together and disposed of by this common order. W.P.No.5987/2009 is filed under Art. 226 of the Constitution of India, by the mother of the detenu, Syed Muqtar, to issue a writ of habeas corpus ordering release of the detenu who has been illegally detained by respondents 1 to 3. W.P.No.6040/2009 is a taken up writ petition on the basis of telegram sent by the petitioner dt. 19-3-2009 to the Honourable the Chief Justice alleging that her son, Syed Muqtar S/o Syed Sattar has been illegally detained by the police of Medchal from 17-3-2009. In pursuance of the notice in the writ petitions, Inspector of Police, Jeedimentla Police Station, Cyberabad filed a detailed counter-affidavit stating that one Md.Thaher Hussain lodged a complaint with Jeedimetla Police Station stating that on 16-3-2009 some unknown offenders stolen his car worth Rs.3,00,000/-. On credible information with regard to the offenders and their presence at the outskirts of Phase- V, IDA, Jeedimetla, they proceeded to the said place and apprehended Syed Mukthar, Shaik Jameel Sameer Roshan Abdul Sathar @ Abdul Rasheed and Javeed Khan while they were in possession of the stolen car; they were arrested on 20-3-2009 for the offence under Sec.392 IPC r/w 25 of the Arms Act and they were produced before the concerned Magistrate, who remanded them to judicial custody. In pursuance of the remand order, the detenu and two others, namely, Shaik Jameel Sameer Roshan AbdulSathar @ AbdulRasheed and Javeed Khan, were confined in Central Prison, Cherlapalli, and as far as fourth accused, Imthiyaz, is concerned he is said to be absconding and police are making efforts to trace him. When it is not shown that detenu is in illegal or wrongful detention, the question of issuing a writ of habeas corpus does not arise. Both the writ petitioners are accordingly dismissed. ________________ A.GOPAL REDDY, J ___________ K.C.BHANU, J Dt. 25-3-2009 kmr