IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.CHANDRA KUMAR WRIT PETITION NO : 625 of 2009 Between: Likhamaram, S/o. Joraramji, Sri Ganesh Pawn Brokers, Behind Majeed, Uppal, Ranga Reddy District. ..... PETITIONER AND 1 The Station House Officer, Uppal Police Station, Ranga Reddy District. 2 The Superintendent of Police, Ranga Reddy District. .....RESPONDENTS 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 11-01- 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 Mr. Dayaramji, before this Hon'ble Court, who was illegally detained since 15 days by the police i.e. Mr. Basavaraj, D.S.I. and Mr. Uma Maheswaram, S.I., who visited on 10-1-2009 along with two un-known thieves, by demanding to surrender two kilograms silver; 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: THE ADVOCATE GENERAL The Court made the following : ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) The telegram dated 11.01.2009, sent by the petitioner to the Hon’ble the Chief Justice alleging that his father, namely, Dayaramji has been illegally detained by the police, Uppal Police Station, on 10.01.2009 and apprehending danger to his life and liberty, was treated as Writ of Habeas Corpus. In response to the notice the Inspector of Police, Uppal Police Station, Cyberabad, the first respondent herein, filed counter affidavit stating that the alleged detenu is accused No.5 in Crime No.486 of 2008 of Uppal Police Station registered for the offences punishable under Sections 454, 454, 380, 212, and 411 IPC, basing on the complaint given by one Kasarla Ramakrishna of Ramanthapur. In connection with the above Crime and basing on the confessional statement of A.1 to A.4, the alleged detenu was arrested on 11.01.2009 and recovered part of the stolen property from his possession. Subsequently, on 12.01.2009, the alleged detenu was produced before the III Metropolitan Magistrate, Cyberabad at L.B. Nagar, and on such production, the learned Magistrate remanded the alleged detenu to judicial custody. Pursuant to the said remand order, the alleged detenu was lodged at Central Prison, Cherlapally and later he was enlarged on bail on 16.01.2009. In view of the lawful orders obtained from the learned Magistrate for judicial remand of the alleged detenu, we do not see any merit in the contents of the telegram that the alleged detenu has been illegally detained by the Uppal police, for issuing a writ of habeas corpus. Accordingly, the Writ Petition is dismissed at the admission stage. ___________________ (A.GOPAL REDDY, J.) ____________________ (B. CHANDRA KUMAR, J.) 5th February, 2009 Js.