IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 4 of 2009 Between: Fareeda Begum, R/o. 9-4-97/B/1, Hakimpet, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Hakeempet, Ranga Reddy District. 2 The Commissioner of Police, Cyberabad at Hyderabad. .....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 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 husband of the petitioner herein namely Syed Saleem, S/o. Syed Mukhtar Ahmed, R/o. 9-4-97/B/1, Hakeempet, Hyderabad before this Hon'ble Court, Who wrongfully confined since 29th December, 2008 and apprehending danger to his life and set him at liberty forthwith and to pass Counsel for the Petitioner:TELEGRAM Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION NO.4 OF 2009 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) The telegram sent by the petitioner dated 31.12.2008 to the Hon’ble Chief Justice alleging illegal confinement of her husband namely, Syed Saleem by the police from 29.12.2008, has been taken up as writ petition. The Inspector of Police, Alwal Police Station, Cyberabad has filed an affidavit stating that on a complaint lodged by one Syed Kausar, R/o.Hakeemshah Colony, Toli Chowki, Hyderabad, a case in Crime No.1489 of 2008 for the offences under Sections 448 and 427 of I.P.C. has been registered against the petitioner on the file of Banjara Hills Police Station on 19.12.2008. In connection with the said crime, the alleged detenu was arrested on 01.01.2009 and on the same day he was produced before the III Additional Chief Metropolitan Magistrate, Nampally. On such production, the learned Magistrate remanded him to judicial custody, but enlarged him on bail on the same day. Inasmuch as the alleged detenu is an accused in Crime No.1489 of 2008 and as he has not complained of earlier detention when he was produced before the learned Magistrate, no credence can be given to the contents of the telegram. Accordingly, the Writ Petition is dismissed. No order as to costs. _________________ (A. GOPAL REDDY, J.) _______________ (R. KANTHA RAO, J.) JANUARY 19, 2009 TSR