IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION No. 23255 of 2008 Between: Meherunnisa, W/o. Showkat Ali Khan, Shaheennagar, Near Osmania Hotel, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Amberpet, Hyderabad. 2 The Commissioner of Police, Basheerbagh, Hyderabad. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 22-10-2008 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 Petitioner's son namely Majeed Khan, before this Hon'ble Court, who is illegally detained from 14-10- 2008 at 11.00 A.M. by Amberpet police, 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 G.CHANDRAIAH TAKEN UP WRIT PETITION No.23255 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice G.Chandraiah) 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 22-10-2008, seeking production of the petitioner’s son viz., Majeed Khan, before this Court, who was illegally detained from 14-10-2008 by Amberpet Police, Hyderabad, that she is apprehending danger to his life and set him at liberty. 3. A counter aﬃdavit has been ﬁled by the Inspector of Police, Amberpet Police Station, Hyderabad, representing the ﬁrst respondent herein, stating that his enquires revealed that Hayathnagar Police eﬀected the arrest of the alleged detenu on 23-10-2008 by following the due procedure in connection with Crime No.501 of 2008 for the oﬀences punishable under Section 395 I.P.C., wherein the alleged detenu was arrayed as Accused No.1. Subsequently, the alleged detenu was produced before the VII Metropolitan Magistrate, Cyberabad, Hayathnagar, who inturn, remanded him to judicial custody and by virtue of the remand order, dated 24-10-2008, of the learned Magistrate, the alleged detenu is now lodged in Central Prison, Cherlapally. 4. In view of the fact that the alleged detenu was arrested in connection with the crime referred to above and remanded to judicial custody, the question of illegal detention 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 G.CHANDRAIAH 13-11-2008 Msr. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE G.CHANDRAIAH TAKEN UP WRIT PETITION No.23255 of 2008 13-11-2008 (Msr)