THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.9510 of 2010 Date: 27.04.2010 Between: N. Swamy Dass … Petitioner and The Station House Officer, Kachiguda Police Station, Hyderabad and another. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.9510 of 2010 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard the 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 telegram, dated 16.4.2010, issued by the petitioner seeking production of his wife viz., Yellubai, who was illegally detained by Kachiguda Police, Hyderabad, since 14.4.2010, before this Court, that he is apprehending danger to her life and set her at liberty, forthwith. 3. A counter affidavit has been filed by the 1st respondent-Station House Officer, Kachiguda Police Station, Hyderabad, stating inter alia that the alleged detenu is accused in Crime No.92 of 2010 of Kachiguda Police Station, for the offence punishable under Section 302 of Indian Penal Code, which has been registered on 14.4.2010, basing on the dying declaration given by the victim Smt. N.Madhavi, w/o. N.Devendar Raju, resident of Krishna Nagar, Kachiguda, Hyderabad, who is no other than the daughter-in-law of the alleged detenu. It is further stated that while undergoing treatment, the victim died on 16.4.2010 at Osmania General Hospital, Hyderabad, and accordingly, the alleged detenu was arrested on 16.4.2010 and sent to judicial custody. 4. Having regard to the facts stated in the counter affidavit, the question of illegal detention does not arise. There are no merits in the writ petition and the same is liable to be dismissed. 5. 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 RAJA ELANGO 27.04.2010 Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.9510 of 2010 27.04.2010 (Msr)