IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTEENTH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH and THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 9383 of 2008 Between: Shaik Khasim, S/o. Shaik Dawood, R/o. 16-9-605P, Malakpet, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Afzulgunj, Hyderabad. 2 The Commissioner of Police, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that for the reasons stated in the "Telegram" dated 17-04-2008 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 4 persons namely (1) Mustaq (2) Aman at Lala (3) Ehsan Ali Sheriyar at Sheru (4) Imran at Shah on 13-04-2008, before this Hon'ble Court, who were illegally detained by the police, Afzulgunj, apprehending danger to their live and set them 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 at the stage of admission made the following : ORDER: (per Sri G. Chandraiah, J) Telegram dated 17-04-2008 is taken up as a writ petition. It is averred in the telegram that four persons viz., Mustaq, Aman @ Lala, Ehsan Ali Sheriyar @ Sheru and Imran @ Shah were illegally detained by the police, Afzalgunj from 13-04-2008 and that there is danger to their life. In response to the notice issued by this Court, Inspector of Police, Afzalgunj Police Station, the 1st respondent herein filed a counter affidavit stating that he has neither illegally detained nor arrested the alleged detenus. It is stated that detenus 1, 2 and 4 are accused Nos.4, 1 and 2 respectively in Crime No. 110 of 2008 registered for the offence under Section 326 read with Section 34 IPC of Chaderghat Police Station basing on the complaint given by one Mohd. Naveed of Malakpet, Hyderabad. It is also stated that detenus 1 and 2 were arrested on 17-04-2008 and that alleged detenu No.4 who is accused No.2 viz., Imran Shah is still absconding. Subsequently, the Chaderghat police produced alleged detenus 1 and 2 before the learned VIII Additional Chief Metropolitan Magistrate, Nampally on 18-04-2008 and the learned Magistrate on such production, remanded them to judicial custody and in pursuance of the same, they were lodged at Central Prison, Chanchalguda, Hyderabad. They were enlarged on regular bail on 22-04-2008 and 24-04-2008 respectively. Insofar as detenu No.3 viz., Ehsan Ali Sheriyar @ Sheru is concerned, it is stated that he is accused No.3 in Crime No.379 of 2007 registered for the offence under Section 382 IPC of Amberpet Police Station, Hyderabad. In connection with the said crime and during the course of investigation, he surrendered himself before the IV Additional Chief Metropolitan Magistrate, Nampally on 08-04-2008 i.e., much prior to the issuance of the telegram and on such surrender, the learned Magistrate remanded him to judicial custody and pursuant to the said remand, initially he was lodged at Central Prison, Chanchalguda and thereafter, the learned Magistrate enlarged him on bail on 10-04-2008. In view of the same, no further orders are necessary in this writ petition and the same is accordingly disposed of as infructuous. G.CHANDRAIAH, J C.V.NAGARJUNA REDDY, J Dated: 14-05-2008 ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Afzulgunj, Hyderabad. 2 The Commissioner of Police, Hyderabad. 3 2CCs to the Government Pleader for Commercial Taxes, High Court of Andhra Pradesh, Hyderabad (OUT). 4 2CD copies