IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 20456 of 2008 Between: Digat Saikia, S/o. Nandehea Saikia, R/o. Jinkalavada Balanagar, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Jeedimetla Police Station, Hyderabad. 2 The Station House Officer, Dundigal Police Station, Ranga Reddy District. 3 The Commissioner of Police, Cyberabad, Ranga Reddy District. .....RESPONDENT(S) 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 15-09-2008 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 brother of the Petitioner, namely Rubin Saikia, S/o. Nandehea Saikia, aged 26 years, Occupation : Field Oﬃcer, R/o. Jinkalavada Balanagar, Hyderabad, before this Hon'ble Court, who was illegally taken away by the police of Jeedimetla since 12-09-2008 from 04.00 A.M. and handover to Dundigal 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 Respondent No.: THE ADVOCATE GENERAL The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION No. 20456 OF 2008 ORDER: (Per Ghulam Mohammad,J) 1. This writ petition is taken up basing on the Telegram dated 15.09.2008 sent by the petitioner herein to the Honourable Chief Justice praying to issue writ of Habeas Corpus directing the respondents to produce his brother, namely, Rubin Saikia s/o. Nandehea Saikia, aged 26 years, occupation: Field Oﬃcer, r/o.Jinkalavada Balananagar, Hyderabad, before this Court, who was illegally taken away by the Police of Jeedimetla on 12.09.2008 at 4.00 a.m. and handed over to Dundigal Police, as the petitioner is apprehending danger to the life of his brother and set him at liberty forthwith. 2. In pursuance of the notice, the second respondent herein ﬁled a detailed counter aﬃdavit stating that a case in crime No.224 of 2008 was registered by the Dundigal Police under Section 394 IPC and during the investigation, the call particulars of Suspect Raju reveal that he is constantly in touch with the alleged detenu. As such the alleged detenu, who is working as Security Executive in S.S.Service Agencies, H.No.5-1-51/153P, Sanathnagar Colony, Old Meerpet, Mallapur, Hyderabad, was called to the Police Station on 14.9.2008 and enquired about the suspect Raju and on enquiry, the alleged detenu informed that though he knew the suspect Raju and his phone number, he is no way connected with the theft and he is not aware of the present whereabouts of the suspect Raju. After causing enquiry he was let oﬀ on the same day with a direction to attend the Police Station as and when required. He left the Police Station along with the General Manager of S.S.Service Agencies and after came to know about the writ petition, the detenu was produced before the Tahsildar, Uppal Mandal, Ranga Reddy District on 26.9.2008, who recorded the statement of the detnue wherein it is stated that he was never illegally detained by the Police and he is attending to his-day-to-day duties. In fact, the statement was also ﬁled along with the counter affidavit. 3. In the circumstances, since the brother of the petitioner has been detained in Crime No.224 of 2008 for causing inquiry and subsequently he was released and a statement was also recorded by the Tahsilder, the question of illegal detention by the Police does not arise. 4. Accordingly, the writ petition is closed. _____________________ GHULAM MOHAMMED,J ___________________ G.BHAVANI PRASAD,J 13-10-2008 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MJ}