IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST 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.15643 of 2008 Between: Aktherunnisa Begum, W/o. Late Syed Nayeemullah, R/o. H.No. 20-7-261, Fathe Darwaza, Hyderabad. ..... PETITIONER AND 1 The Police of Task Force, Central Zone, Hyderabad District. 2 The Commissioner of Police, Hyderabad. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 16-07-2008 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 son of the Petitioner namely Syed Khalid Ahemd alis Ajju, aged 35 years, Occupation : Business, R/o. Fathe Darwaza, Hyderabad, before this Hon'ble Court, who was illegally detained by the police of task Force, Central Zone on 15-07-2008 at about 11.30 A.M., 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 K.C.BHANU TAKEN UP WRIT PETITION No.15643 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) 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 16-07-2008, wherein it is alleged that the son of the petitioner viz., Syed Khalid Ahmed alias Ajju, aged 35 years, resident of Fathe Darwaza, Hyderabad, was illegally detained by the Police of Task Force, Central Zone, Hyderabad, on 15-07-2008, and that she is apprehending danger to his life. 3. A counter aﬃdavit has been ﬁled by the Deputy Commissioner of Police, Task Force, Hyderabad, representing the ﬁrst respondent herein, stating that an enquiry was caused with regard to the truth or otherwise of the contents of the telegram issued by the petitioner, in which it was revealed that at no point of time the alleged detenu was illegally detained by the ﬁrst respondent police and that the alleged detenu has been moving freely by attending to his day-today business. To demonstrate about the free movement of the alleged detenu, the statement of the alleged detenu was recorded by the Mandal Executive Magistrate, Bahadurpura, Hyderabad, on 26- 07-2008, wherein the alleged detenu stated that he went to Nampally Criminal Courts, Hyderabad, on 15-07-2008 for deposing evidence and returned home in the late hours after attending some personal work. The statement of the alleged detenu recorded by the learned Mandal Executive Magistrate, which was filed along with the counter affidavit, is made part of the record. 4. In view of the facts stated in the counter aﬃdavit and also in view of the statement of the alleged detenu before the learned Mandal Executive Magistrate, the question of issuing Writ of Habeas Corpus 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 K.C.BHANU 05-08-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Task Force Police, Central Zone, Hyderabad District. 2 The Commissioner of Police, Basheerbagh, Hyderabad. 3. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 4. 2 CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.15643 of 2008 05-08-2008 (Msr)