IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH 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.14840 of 2008 Between: Shaik Iqbal, Jirra, Hyderabad (PH No. 9948587043) ..... PETITIONER AND 1 The Station House Officer, Saifabad Police Station, Hyderabad 2 The Commissioner of Police, Basheerbagh, Hyderabad .....RESPONDENTS Petition under Article 226 of the constitution of India praying that for the reasons stated in the "Telegram" dated 07- 07-2008 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 petitioner's son namely shaik Arshad, S/o Shaik Iqbal, Jirra Hyderabad, before this Hon'ble Court, who was illegally detained since 02-07-2008 at 2.30 PM by the Police Saifabad, 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 Respondents: THE ADVOCATE GENERAL The Court made the following : THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.14840 of 2008 ORDER: (per THE HON’BLE SRI JUSTICE K.C.BHANU) This writ petition is taken up at the instance of the petitioner’s telegram, dated 07.07.2008, wherein it is alleged that her son by name Shaik Arshad was wrongfully detained by the police personnel of Saifabad Police Station since 02.07.2008. In response to the notice, issued by this Court, the ﬁrst respondent-the Inspector of Police, Saifabad Police Station, Hyderabad, ﬁled a detailed counter- aﬃdavit stating, inter alia, that the alleged detenu is an accused in Crime No.272 of 2008 of Saifabad Police Station registered for the oﬀences under Sections 379 and 420 IPC and in relation thereto, he was arrested on 08.07.2008 and was remanded to judicial custody by virtue of the orders passed by the First Additional Chief Metropolitan Magistrate, Nampally, Hyderabad and was lodged at Central Prison, Chenchalguda. Later, he was enlarged on bail on 10.07.2008. In view of the said revelations in the counter- aﬃdavit, particularly when the alleged detenu was not in wrongful conﬁnement of the Police, the question of issuing a writ of Habeas Corpus does not arise. For the foregoing reasons, the writ petition is liable to be dismissed and is, accordingly, dismissed, at the stage of admission. However, there shall be no order as to costs. _______________ D.S.R.VARMA, J ______________ K.C.BHANU, J 29.07.2008 dr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Saifabad Police Station, Hyderabad 2 The Commissioner of Police, Basheerbagh, Hyderabad 3 2CCs to Advocate General, High Court of A.P., Hyderabad. 4 2CD copies