THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JULY, TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 10936 of 2009 Between: Doodaram Ramdev, New Hafeezpet, Premnagar, Ranga Reddy District. ..... PETITIONER AND 1 The Station House Officer, Madhapur Police Station, 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 For the reasons stated in the "Telegram" dated 26-05-2009 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 Petitioner's wife namely Santoshi Devi, before this Hon'ble Court, who is illegally detained from 26/05/2009 by the Madhapur Police and 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 VILAS V. AFZULPURKAR W.P.No.10936 of 2009 ORDER: (Per Ghulam Mohammed, J) This Writ of Habeas Corpus is initiated at the instance of the petitioner’s telegram, dated 26.05.2009, wherein it is alleged that his wife Smt.Santoshi Devi was illegally detained by the Madhapur Police on 26.05.2009, that he is apprehending danger to her life and set her at liberty. 2. A detailed counter affidavit is filed by the first respondent stating that he got enquired in to the matter and it was revealed that the alleged detenue, who is wife of the petitioner, was not detained illegally and that the petitioner is Accused No.3 in Crime No.644 of 2008 for the offences under Sections 380 and 411 IPC which was registered on 17.11.2008. Basing on the confessional statement of accused No.1, the first respondent police visited the house of the alleged detenue on 26.5.2009 and the petitioner was not available in the house, but the alleged detenue was present. The first respondent explained the alleged detenue the purpose for which they visited their house, and returned to the Police Station. However, The petitioner was arrested on 27.5.2009 basing on the confessional statement of accused No.1, who categorically stated that he sold the stolen property in the shop belongs to the petitioner, and was produced before the Judicial Magistrate and was enlarged on bail. Therefore, alleged detenue was not illegally detained at any point of time. 3. Having regard to the averments made in the counter affidavit and since the alleged detenue and the petitioner are present before this court on their own accord and as on today they are moving freely by doing their day to day business work, we do not find any illegal detention of the alleged detenue so as to interfere under Article 226 of the Constitution of India. 4. Hence, the writ petition is dismissed. No costs. _____________________ GHULAM MOHAMMED,J _____________________ VILAS V. AFZULPURKAR 06-07-2009 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{MJ}