IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF NOVEMBER 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.22378 of 2008 Between: Pankaj Agarwal, S/o. Manoharlal. ..... PETITIONER AND 1 The Station House Officer, Hayathnagar Police Station, Ranga Reddy District. 2 The Commissioner of Police, Basheerbagh, Hyderabad. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 12-10-2008 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 father of the Petitioner herein namely Sri Manoharlal, before this Hon'ble Court, who was illegally detained since 11-10-2008 at 05.00 A.M. by the police of Hayathnagar in connection with a false case, 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.22378 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice K.C.Bhanu) 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 12-10-2008, wherein it is alleged that the petitioner’s father viz., Sri Manoharlal was illegally detained since 11-10-2008 by the Police of Hayathnagar Police Station, Ranga Reddy District, that he is apprehending danger to his life and set him at liberty. 3. A counter aﬃdavit has been ﬁled by the Inspector of Police, Hayathnagar Police Station, Ranga Reddy District, representing the ﬁrst respondent herein, stating that the alleged detenu was involved in two cases viz., (1) Accused No.9 in Crime No.409 of 2007 for the oﬀence punishable under Sections 420, 447, 427, 506, 323 and 120-B I.P.C., and (2) Accused No.2 in Crime No.484 of 2008 for the oﬀence punishable under Sections 419, 468, 471, 420 and 418 I.P.C., of Hayathnagar Police Station, which were registered on 16-07- 2007 and 05-10-2008, respectively. In connection with the above said crimes, the alleged detenu was arrested on 15-10-2008 and produced before the VII Metropolitan Magistrate, Cyberabad at Hayathnagar, who inturn, remanded him to judicial custody. Thereafter, it appears, the alleged detenu was enlarged on bail by the learned Magistrate on the same day i.e., on 15-10-2008. 4. In view of the facts stated in the counter aﬃdavit, 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 K.C.BHANU 07-11-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Hayathnagar Police Station, Ranga Reddy 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.22378 of 2008 07-11-2008 (Msr)