IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER 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.18120 of 2008 Between: A.B.N. Zakaria, H.No.14-6-692, Chudibazar, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Saidabad Police Station, Saidabad, Hyderabad. 2 The Commissioner of Police, Basheerbagh, Hyderabad. .....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 Order direction or a Writ more particularly one in the nature of writ of Habeas Corpus directing the Respondents herein to produce the son of the petitioner herein viz., Imran Zakaria before this Hon'ble Court, who was illegally detained since on 5-8-2008 by the Police of Saidabad Police Station, Hyderabad apprehending danger to his life and set him at liberty forthwith and to pass 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.18120 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is taken up at the instance of the petitioner’s telegram, dated 14-08-2008, alleging that his son viz., Imran Zakaria was illegally detained since 05-08- 2008 by the police of Saidabad Police Station, Hyderabad, and that he is apprehending danger to his life and set him at liberty. 3. A counter aﬃdavit has been ﬁled by the Station House Oﬃcer, Saidabad Police Station, Hyderabad, representing the ﬁrst respondent herein, stating inter alia that the alleged detenu is an accused in Crime No.120 of 2008 for the oﬀence punishable under Section 363 of Indian Penal Code, of Saidabad Police Station, which was registered on 04-05-2008. In connection with the above said crime, the alleged detenu was arrested on 16-08-2008 and produced before the VII Additional Chief Metropolitan Magistrate, Hyderabad, on 17-08-2008, who inturn remanded him to judicial custody. Pursuant to the said remand order, dated 17-08-2008, of the learned Magistrate, the alleged detenu was initially lodged at Central Prison, Chenchalguda, and subsequently enlarged on bail by the learned Magistrate on 19-08-2008. 4. In view of the facts stated in the counter aﬃdavit, the question of illegal detention 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 04-09-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Saidabad Police Station, Saidabad, Hyderabad. 2 The Commissioner of Police, Basheerbagh, 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.18120 of 2008 04-09-2008 (Msr)