IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELVETH DAY OF SEPTEMBER 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 : 17253 of 2008 Between: Md. Khaiser, B/o. Md. Ismail. ..... PETITIONER AND 1 The Station House Officer, Chilkalguda, Secunderabad. 2 The Commissioner of Police, Basheerbagh, Hyderabad. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 05-08-2008 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 Md. Farooq, S/o. Md. Ismail, R/o. Puthanigalli, Tandur, Ranga Reddy District and sister Shabana Begum, W/o. Abdul Raheem, R/o. Warasiguda, before this Hon'ble Court, who were illegally detained since 23- 07-2008 and 02-08-2008 respectively by the police of Chilkalguda, Secunderabad, apprehending danger to their lives and set them 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.17253 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 taken up at the instance of the petitioner’s telegram, dated 05-08-2008, seeking a direction to the respondents to produce the brother of the petitioner viz., Md. Farooq, S/o. Md. Ismail, R/o. Puthanigalli, Tandur, Ranga Reddy District, and sister viz., Shabana Begum, W/o. Abdul Raheem, R/o. Warasiguda, before this Court, who were illegally detained since 23-07-2008 and 02-08-2008, respectively, by the police of Chilkalaguda, Secunderabad, that he is apprehending danger to their lives and set them at liberty forthwith. 3. A counter aﬃdavit has been ﬁled by the Inspector of Police, Chilakalaguda Police Station, Hyderabad, representing the ﬁrst respondent herein, stating inter alia that the alleged detenus were arrayed as Accused Nos.1 and 4 in Crime No.327 of 2007 for the oﬀence punishable under Sections 457, 380 and 411 of Indian Penal Code, of Chilakalaguda Police Station, which was registered on 05-05-2007 basing on a complaint given by one S.Srinivas Goud of Padmarao Nagar, Secunderabad. It is further stated that from the date of registration of the above said crime, both the alleged detenus have been absconding. It is also stated that the petitioner is also arrayed as Accused No.3 in the above said crime and as on the date of issuing the present telegram, the petitioner was also absconding. However, the ﬁrst respondent police have effected arrest of the petitioner along with his father (A-2) on 02-09-2008 and they are making hectic and sincere eﬀorts to apprehend the alleged detenus also. 4. It is further brought to the notice of this Court in the counter aﬃdavit that alleged detenu No.1 is a habitual oﬀender having been involved in number of property oﬀences and was arrayed as an accused in several crimes. 5. From the above facts, it is obvious that the petitioner, in order to evade any arrest by the police, intentionally had resorted to issue the present telegram. In view of the fact that the petitioner himself is an accused along with the alleged detenus in the above said crime, we are of the opinion that giving telegrams of this nature is nothing but wasting the precious time of the Court and in order to have undue advantage from the Court. In a way, this is absolutely a frivolous way of approaching the Courts. 6. For the foregoing, there are no merits in the writ petition and the same is liable to be dismissed. 7. With the above observations, the writ petition is dismissed, at the stage of admission, with costs. 8. Registry is directed to mark a copy of this order to the petitioner. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 12-09-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Chilkalguda Police Station, Secunderabad. 2 The Commissioner of Police, Basheerbagh, Hyderabad. 3. Sri Md. Khaiser, s/o. Md. Ismal, R/o. Puthanigalli, Tandur, Ranga Reddy District. 4. 2 CCs to the Advocate General, Government of A.P., High Court Buildings, Hyderabad. (OUT). 5. 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.17253 of 2008 12-09-2008 (Msr)