THE HON’BLE SRI JUSTICE B.PRAKASH RAO AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.4782 OF 2010 DT.17.03.2010 Between: Mohd.Abdul Sattar ……………….Petitioner Vs. The Commissioner of Police, Basheerabagh, Hyderabad and two others. ……………………Respondents. O R D E R: The petitioner herein who is the father of the detenue Mohd.Faisal, filed the present writ petition under Section 226 of the Constitution of India, in the nature of writ of Habeas Corpus, seeking a direction to the respondents to produce the alleged detenue from the custody of respondent Nos.2 and 3, who was illegally detained by the respondents twice. In the counter affidavit filed by respondent No.2 A.Srinivasarao it is stated that on receipt of credible information that the offender in Cr.No.425 of 2009 under Section 379 I.P.C., may visit the alleged detenu’s shop at Municipal No.2-3-774/1, Golnaka, Amberpet, Hyderabad to sell the scrap/spare parts of the stolen vehicles, the police have kept surveillance for apprehending the identified offender. However, he was not traced so far. Apprehending that the alleged detenu might be taken into custody by the police, the petitioner seems to have filed the present writ petition with an intention to pre-empt the police from further investigating into the matter. The alleged detenu was never apprehended nor taken into custody by the police. After hearing the learned counsel and perusing the material placed before this court, we are of the view that as far as the present situation is concerned, there is no detention of the alleged detenu at all. Hence, the writ petition is dismissed. However, in the event if the petitioner apprehends any danger, it is open for him to avail all the remedies available to him under law. No costs. __________________ B.PRAKASH RAO J., _________________ R.KANTHA RAO J., Dt.17.03.2010 tjs