IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH 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 : 4514 of 2009 Between: Munni Begum, W/o. Md. Yousuf, H.No. 16-2-741/D/9, T.V. Tower, Malakpet, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Malakpet, Hyderabad. 2 The Commissioner of Police, Basheerbagh, 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 28-02- 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 Mohd. Fazal, S/o. Md. Yousuf, before this Hon'ble Court, who is illegally detained since 06.00 P.M. Dt. 27-02-2009 by the police, Malakpet, 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 Hon’ble Sri Justice B. Chandra Kumar) This is a taken up writ petition for issuance of Writ of Habeas Corpus on the basis of the telegram dated 28.02.2009 sent by the petitioner to the Hon’ble the Chief Justice alleging that her son, namely Mohd. Fazal, has been illegally detained by the Police, Malakpet Police Station, since 27.02.2009 6 p.m., and apprehending danger to his life. In response to the notice, the Inspector of Police, Malakpet Police Station, Hyderabad, the first respondent herein, filed counter affidavit denying the illegal detention of the alleged detenu stating that on receipt of notice from the Court he made enquiries. His enquiry reveals that the alleged detenu was moving freely. Since he was moving freely, the first respondent produced the alleged detenu before the Tahsildar, Saidabad Mandal, Hyderabad, who recorded the statement of the alleged detenu, wherein he stated that on the death of his wife Smt. Sabhia Fazal due to burn injuries on 27.02.2009 at 9.00 hours and on receipt of information that his in-laws were reaching Hyderabad, apprehending assault from his in-laws and relatives, without intimating to his parents he went to Pahadi Shareef on 27.02.2009 and returned to home only on 28.02.2009. Meanwhile, his mother sent the above telegram apprehending his arrest. Since the alleged detenu himself appeared before the Tahsildar and deposed that he has not been illegally detained, no further cause survives in this writ petition. Accordingly, the writ petition is dismissed. ___________________ (A.GOPAL REDDY, J.) ____________________ (B. CHANDRA KUMAR, J.) 19th March, 2009 Js.