IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.15540 of 2008 Between: Mohd.Bashu Miya, S/o. Ismail Hussain, R/o. H.No.13-7-776, Gagan Pahad, Ranga Reddy District. ..... PETITIONER AND 1 The Commissioner of Police, Hyderabad city, Basheerbagh, Hyderabad., A.P. 2 The Deputy Commissioner of Police, Task Force(West Zone), Secunderabad. 3 The Station House Officer, P.S.Huayunnagar, Hyderabad, A.P., .....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 issue an appropriate writ order or direction more particularly in the nature of writ of Habeas Corpus for the production of Mohammed Azhar aged 25 years who is in the illegal detention of the Respondents and set him free and pass Counsel for the Petitioner : MR.L.RAVICHANDER Counsel for the Respondents : THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.15540 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice K.C.Bhanu) Heard learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is filed alleging that the son of the petitioner viz., Mohammed Azhar, aged about 25 years, was illegally detained by the Commissioner of Police, Hyderabad, on 16-07-2008. 3. In pursuance of the notices issued by this Court, a counter affidavit has been filed by the Deputy Commissioner of Police, Task Force, West Zone, Secunderabad, representing the second respondent herein, stating that the alleged detenu was Accused No.2 in Crime No.253 of 2008 for the offence punishable under Section 420 of Indian Penal Code, Section 65 of the Information and Technology Act, and Sections 20 and 25 of Telegraphic Act of Abids Police Station, Hyderabad, which was registered on 18-07-2008. He was arrested on 18- 07-2008 along with Accused No.3 in connection with the above said crime and both the accused were produced before the II Additional Chief Metropolitan Magistrate, Hyderabad, who inturn remanded him to judicial custody. By virtue of the remand order, dated 19- 07-2008, of the learned Magistrate, the alleged detenu is now lodged in Central Prison, Chenchalguda, Hyderabad. 4. In view of the fact that the alleged detenu was confined in pursuance of the judicial order of remand passed by the competent Court, the question of issuing Writ of Habeas Corpus does not arise. 5. For the foregoing, there are no merits in the writ petition and the same is liable to be dismissed. 6. Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 22-07-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner of Police, Hyderabad city, Basheerbagh, Hyderabad., A.P. 2 The Deputy Commissioner of Police, Task Force(West Zone), Secunderabad. 3 The Station House Officer, P.S.Huayunnagar, Hyderabad, A.P., 4. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 5. 2 CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.15540 of 2008 22-07-2008 (Msr)