IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE 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. 11916 of 2008 Between: Khairunnisa Begum, W/o. Mohammed Rafeeq, R/o. 4/22/B Block, Avanthnagar, Jeedimetla, Ranga Reddy District. ..... PETITIONER AND 1 The Station House Officer, Kachiguda Police Station, Hyderabad. 2 The Commissioner of Police, Hyderabad. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 24-05-2008 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 husband of the Petitioner namely Mohammed Rafeeq, R/o. Jeedimetla, before this Hon'ble Court, who was illegally detained by the police of Kachiguda, 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 HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.11916 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice K.C.Bhanu) Heard learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This writ petition is taken up basing on the telegram, dated 24- 05-2008, sent by the petitioner, wherein it is alleged that her husband viz., Mohammed Rafeeq, resident of Jeedimetla, Ranga Reddy District, was illegally detained by the Kachiguda Police without producing him before any Court of law, that she is apprehending danger to his life and set him at liberty, forthwith. 3. A counter affidavit has been filed by the Inspector of Police, Kachiguda Police Station, representing the first respondent herein, stating that the alleged detenu was called to the Police Station in connection with Crime No.137 of 2008 registered for the offence punishable under Section 366(A) of Indian Penal Code, that after enquiry, the alleged detenu was let off on the same day i.e., on 22-05-2008. It is also stated that the alleged detenu was moving freely. The statement of the alleged detenu was also recorded by the Mandal Executive Magistrate, Kutbullapur Mandal, on 26-06-2008, wherein the alleged detenu stated that except on 22-05-2008, he was never called to the Police Station by the first respondent police. As per the statement of the learned Magistrate, the alleged detenu was moving freely. The statement of the alleged detenu, which was recorded by the Mandal Executive Magistrate, Kutbullapur, is also made part of the record. 4. In view of the categorical statement made by the first respondent, Inspector of Police, Kachiguda Police Station, it is clear that the alleged detenu was not illegally or wrongfully detained and he is moving freely. Therefore, the question of issuing Writ of Habeas Corpus does not arise. 5. For the foregoing, we see no grounds to continue the writ petition any further 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 02-07-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Station House Officer, Kachiguda Police Station, Hyderabad. 2. The Commissioner of Police, Hyderabad. 3. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 4. 2 CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.11916 of 2008 02-07-2008 (Msr)