IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER 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 : 18368 of 2008 Between: Mohd. Ali Pervez, S/o. Mohd. Ahmed Ali, R/o. H.No. 19-2-125/5/B/2/B/A, Indiranagar, Tadban, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Tadban, Hyderabad. 2 The Superintendent of Police, Sultan Bazar, Hyderabad. 3 The Commissioner of Police, Basheerbagh, Hyderabad. ...RESPONDENTS For the reasons stated in the "Telegram" dated 21- 08-2008 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 brother namely Sarfaraz Ali Alias Zakir, S/o. Mohd. Ahmed Ali, taken away by the Police Kalapathar, Hyderabad at 07.00P.M. on 17/08/2008, before this Hon'ble Court, who is illegally detained since 17/08/2008 and kept in Police Station, Sultan Bazar 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 MR JUSTICE D.S.R.VARMA AND THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 18368 of 2008 ORAL ORDER: (per the HON’BLE SRI JUST ICE D.S.R.VARMA) Heard the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This writ petition is taken up, on the basis of a telegram, dated 21.08.2008, issued by the petitioner herein, to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, complaining that his younger brother, by name Sarfaraz Ali, S/o. Mohd. Ahmed Ali (hereinafter referred to as ‘the detenu’), was taken away by Kalapathar Police, at 7.00 PM., on 17.08.2008, and he was illegally detained in Sultan Bazar Police Station. 3. The Inspector of Police, Sultan Bazar Police Station, Hyderabad, ﬁled counter-aﬃdavit stating, inter alia, that the detenu was never taken away illegally, either by the Sultan Bazar Police or by Kalapathar Police; that the detenu was moving freely by attending to his day-to- day work; that, on 14.08.2008, the Inspector of Police, Kalapathar Police Station, Hyderabad, while conducting vehicular check at Ali Bagh, Hyderabad, within the limits of Kalapathar Police Station, stopped a Hero Honda Splendor Motorcycle bearing registration No.AP.13.C-9321 and asked the rider of the vehicle, who is no other than the alleged detenu, to produce the relevant documents; that since the detenu failed to produce the documents, the Police detained the vehicle and issued Traﬃc Compounding Challan, vide receipt no.625104, dated 14.08.2008, and let the detenu oﬀ with a direction to take back the vehicle by producing the relevant documents; that, during the course of further investigation, it came to light that the vehicle so detained, was involved in Crime No.227/2001 of Sultan Bazar Police Station, registered for the oﬀence punishable under Section 379 I.P.C., and that the original registration number of the vehicle was AP.9AH-3823; that, subsequently, the detenu had approached the Kalapathar Police to release the vehicle without bringing any documents pertaining to it; that, as the vehicle pertains to the crime registered in Sultan Bazar police station, the Inspector of Police, Kalapathar Police Station, handed over the detenu to Sultan Bazar Police Station along with the detained vehicle for enquiry; that, on enquiry, the detenu stated that he took the vehicle from his cousin, by name Ijaz, resident of Misrigunj, Kalapathar, Hyderabad, for his temporary use and therefore he could not possess any documents pertaining thereto and so Kalapathar Police detained the vehicle by giving the Traﬃc Compounding Challan, on 14.08.2008; that he did not have any knowledge that the vehicle was a stolen property; that, believing his version, Sultan Bazar Police handed over the detenu to his father Mohd. Ahmed Ali, on 17.08.2008, after obtaining a personal bond. 4. It is, therefore, obvious from the above facts that the detenu was never detained illegally, and, on the other hand, there is any amount of doubt as regards the vehicle, since it involved in a crime. Further, having regard to the fact that the detenu was released on execution of a personal bond by his father, we do not ﬁnd any illegal detention. 5. It is clear from the above that this Court, as well as Police, has been unnecessarily forced to spend considerable time and energy on this issue. Knowing fully well about the facts, this telegram was issued, at the cost of the time of this Court, which is highly deprecated. 6. For the foregoing reasons, we do not ﬁnd any merits in this Writ Petition and the same is liable to be dismissed. 7. Accordingly, the Writ Petition is dismissed, at the stage of admission, with costs. 8. A copy of this order be marked to the petitioner. ------------------------------ JUSTICE D.S.R.VARMA --------------------------- JUSTICE K.C.BHANU 16TH SEPTEMBER 2008 DRK