THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO TAKEN UP WRIT PETITION No.22295 of 2009 Date: 09.11.2009 Between : Muneer Banu … Petitioner And The Station House Officer, Chaderghat Police Station, Hyderabad and others. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO TAKEN UP WRIT PETITION No.22295 of 2009 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 initiated at the instance of the petitioner’s telegram, dated 01.10.2009, wherein it is alleged that the sons of the petitioner viz., (1) Syed Anwar (2) Syed Arshad (3) Mohammed Javeed Siddiqui, and (4) Mohd. Ahmed were taken away and illegally detained by the police of Chaderghat Police Station, Hyderabad, on 28.8.2009, that she is apprehending danger to their lives and set them at liberty. 3. A counter affidavit has been filed by the Inspector of Police, Chaderghat Police Station, Hyderabad, representing the first respondent herein, stating that pursuant to the complaint lodged by one Sri N.Srikanth, resident of Anandnagar, Malakpet, Hyderabad, a case in Crime No.174 of 2009 for the offence punishable under Sections 457 and 380 I.P.C., was registered on 24.4.2009 and while the investigation is in progress, on 29.4.2009 the Inspector of Police, Finger Print Unit, Central Crime Station, Hyderabad, sent a report stating that the chance prints collected from the scene of offence are identical with the right middle finger impression of Mohd. Siddiqui @ Ashu @ Javid, who was arrested in Crime No.451 of 2004 for the offence under Sections 457 and 380 I.P.C. of Kachiguda Police Station, Hyderabad. It is also stated that during the course of investigation, on 2.10.2009 the accused Mohd. Siddiqui and two others were taken into custody at Nalgonda X Road while they were in possession of the stolen property pertaining to the above crime, who admitted the commission of offence and the commission-cum-seizure panchanama was recorded in the presence of the mediators. The alleged detenu Nos.1, 2 and 3 are Accused Nos.2, 3 and 1, respectively, in the above crime. Subsequently, the accused were produced before the VIII Metropolitan Magistrate, Nampally, Hyderabad, on 3.10.2009, who remanded them to judicial custody and pursuant to the orders of remand by the learned Magistrate, the accused were lodged at Central Prison, Cherlapalli, Ranga Reddy District. 4. It is further stated that the alleged detenu No.4, namely Sri Ahmed is no way connected with any of the crimes pending with the Station House Officer, Chaderghat Police Station, and as such, he was not arrested any point of time. In order to show that the alleged detenu No.4 was not arrested, he was produced before the Tahsildar, Amberpet Mandal, Hyderabad, who recorded the statement of the alleged detenu No.4 in the presence of two witnesses, wherein he stated that he was not arrested by the police nor he was subjected to any harassment and he is moving freely. The said statement of the alleged detenu No.4, which contains his photograph, is made part of the record. 5. In view of the categorical statement made by the first respondent in the counter affidavit, since the custody of the alleged detenus is not shown to be illegal and is in accordance with law, the question of issuing Writ of Habeas Corpus does not arise. 6. For the foregoing, there are no merits in the writ petition and the same is liable to be dismissed. 7. Accordingly, the writ petition is dismissed, at the stage of admission. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE R.KANTHA RAO 09.11.2009 Msr. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO TAKEN UP WRIT PETITION No.22295 of 2009 09.11.2009 (Msr)