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 : 27632 of 2008 Between: Sabiha Begum w/o Syed Siyazuddin, Flat no.101, ANAS Residency, Upperpalli, Rajendernagar, Hyderabad. ..... PETITIONER AND 1 Staion House Officer, Police Station, Asif Nagar, Hyderabad. 2 Commissioner of Police, Basheerbagh, Hyderabad. 3 The Principal Secretary, Home Department, Secretariat, 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 accompanying Telegram dated 16th December 2008 the Hon'ble Court may be pleased to issue a writ order or direction more particularly one in the nature of Writ of Habeas Corpus by directing the respondents Nos.1 and 2, to release the illegally detained SYED RIYAZUDDIN, the husband of the petitioner, who was taken by police of 1st respondent PS on 12th December 2008 or direct the respondents to produce the said detenue, before this Hon'ble Court and set him at liberty from the hands of the respondent No.-1, forthwith and pass such order or orders as deemed fit in the circumstances of the case. 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.27632 OF 2008 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) This is a taken up writ petition on the basis of telegram sent by the petitioner dated 16.12.2008 to the Hon’ble Chief Justice alleging illegal detention of her husband by name Syed Riyazuddin by the 1st respondent from 12.12.2008 onwards. In response to the notice, the Inspector of Police, Asif Nagar Police Station, Hyderabad, 1st respondent herein filed an affidavit stating that basing on the complaint lodged by one Mohammed Nazeemuddin, a case in Crime No.492 of 2008 for the offences under Sections 379, 406 & 420 I.P.C. was registered on 11.12.2008 against the alleged detenu. While the investigation is in progress, the alleged detenu moved an anticipatory bail application before the IV Additional Metropolitan Sessions Judge, Hyderabad in Crl.M.P.No.3620 of 2008 and the same was allowed on 30.12.2008 with a direction to the alleged detenu to surrender himself before the VI Additional Chief Metropolitan Magistrate, Hyderabad within ten days and on such surrender, he was directed to be released on bail on his executing a bond for Rs.5,000/- with two sureties for a likesum each. The fact that the alleged detenu moved the anticipatory bail application itself falsifies the contents of the telegram sent by the petitioner and no credence can be given to the allegations made therein. Accordingly, the writ petition is dismissed. No costs. _________________ (A. GOPAL REDDY, J.) _______________ (R. KANTHA RAO, J.) JANUARY 19, 2009 TSR