IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 1906 of 2008 Between: Tasneem Fatima, W/o. Mohd. Naseeruddin, R/o. 16-2-867/A/11, Jeevan Yarjung Colony, Saidabad, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Honnalai Devenagiri Police Station, Hubli, Karnataka. 2 The Commissioner of Police, Hyderabad. 3 The Director General of Police, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the Constitution of India praying for the reasons stated in the "Telegram" dated 28-01-2008 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 younger son of the Petitioner namely Mohd. Raziuddin Naser (Ghouse), S/o. Mohd. Naseeruddin, before this Hon'ble Court, who was illegally detained by the police Honnalai Devenagiri Police Station, Hubli, Karnataka on 11-01-2008, 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 at the stage of admission made the following : ORDER: (per Sri A. Gopal Reddy, J) Telegram dated 28-01-2008 sent by the mother of one Mohd. Raziuddin Naser (Ghouse) to the Hon’ble the Chief Justice alleging that her son was illegally detained by the police, Honnalai Devenagiri Police Station, Hubli, Karnataka on 11- 01-2008 and that there is danger to his life has been taken up as a writ of habeas corpus. On issuing notice to the respondents, the Station House Officer, Honnali Police Station, Karnataka State, the 1st respondent herein filed a counter affidavit stating that the alleged detenu is accused No.2 in Crime No. 5 of 2008 registered by Honnali Police Station for the offences under Sections 41 (d) read with Section 102 Cr.P.C and Section 379 IPC. Their records disclose that the original name of the alleged detenu is Rajivuddin Nasir @ Mohammed Ghouse @ Atha @ Abhu Hazar @ Abdhul Rehman @ Saik Abhubakar @ Abdhul Razak @ Rasheed Khan. In connection with the above crime, he was arrested on 11-1-2008 and was produced before the Hon’ble Civil Judge (Junior Division) and Judicial Magistrate of First Class, Honnali on 12-1-2008 with a request for his police custody. The learned Magistrate granted permission according police custody of the detenu for three days from 12-1-2008 to 15-1-2008 and after obtaining the police custody, he was thoroughly interrogated. After completion of the formalities, he was again produced before the Court on 14-1-2008 and on such production, the learned Magistrate remanded him to judicial custody till 28-1-2008. On 22-1-2008, the 1st respondent again filed an application seeking police custody for further investigation, which was ordered granting police custody for three days commencing from 22-1-2008 to 25-1- 2008. After interrogation, when he was produced before the learned Magistrate on 25-1-2008, he was once again remanded to judicial custody till 28-1-2008. Subsequently, on the application made by the police seeking police custody of the alleged detenu for seven days from 26-1-2008 to 2-2-2008, the same was accorded and after completion of the investigation, he was produced before the learned Magistrate on 2-2-2008, who remanded him to judicial custody and pursuant to the same, he was lodged at Central Prison, Bellary. Once the detenu was detained after obtaining lawful orders from the competent Magistrate’s Court in connection with the crime registered against him, the question of his illegal detention does not arise. The writ petition fails and it is accordingly dismissed. A.GOPAL REDDY, J B.SESHASAYANA REDDY, J 15-04-2008 ks ………... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Honnalai Devenagiri Police Station, Hubli, Karnataka. 2 The Commissioner of Police, Hyderabad. 3 The Director General of Police, Hyderabad. 4 2 CCs to the Advocate General, High Court of Andhra Pradesh, Hyderabad (OUT). 5 2 CD copies.