IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH 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 : 2861 of 2008 Between: Habeebunnisa, W/o. Mohd Ibrahim, R/o. H.No. 19-2-127/3/B/3/A, Kalapather Tadban, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Kalapather, Hyderabad. 2 The Commissioner of Police, Twin Cities, Basheerbagh, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that for the reasons stated in the "Telegram" dated 07-02-2008 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 son of Petitioner herein, namely, Amer Abdul Aleem, before this Hon'ble Court, who was illegally taken away from the Petitioner's house on 06/02/2008 at about 04.00 A.M. 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 : ORDER: (per Hon’ble Sri Justice A. Gopal Reddy) This writ petition is taken up on the basis of the telegram, dated 07.02.2008 sent by the petitioner to the Hon’ble the Chief Justice alleging that the son of the petitioner, namely, Amer Abdul Aleem was illegally detained by the police and apprehending danger to his son’s life. In response to the notice, the Inspector of Police, Kalapathar Police Station, Hyderabad, the first respondent herein, filed counter affidavit stating that on the basis of the complaint made by one S.M. Hyder Ali Mirza, R/o. Bahadurpura, Hdyerabad, a case in Crime No.302 of 2007 of Bahadurpura Police Station was registered for the offence under Section 396 IPC. Subsequently, the said crime was transferred to the Central Crime Station, Hyderabad and re-registered as Crime No.18 of 2008 wherein the alleged detenu was shown as accused No.3. The alleged detenu along with seven other accused, who are involved in the above crime, were arrested on 8.02.2008 and were produced before the XII Additional Chief Metropolitan Magistrate, Hyderabad on 09.02.2008. On ordering remand by the learned Magistrate, all the accused were lodged at Central Prison, Chenchalguda, Hyderabad. In view of the same, the allegation that the alleged detenu has been illegally detained by the police has no merit as he was remanded to judicial custody through a lawful order. Accordingly, the Writ Petition is dismissed. ___________________ (A.GOPAL REDDY, J) ______________________ (B.SESHASAYANA REDDY, J) 3rd March, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Kalapather, Hyderabad. 2 The Commissioner of Police, Twin Cities, Basheerbagh, Hyderabad. 3 2 CC to the Advocate General, High Court of A.P. Hyderabad.(OUT) 4 2CD copies. Form-NIC-OGS/WP{MJ}