IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 10930 of 2009 Between: Maroof Ali, S/o. Abdul Kalam R/o. 1-4-307/B, Bholakpur, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Dundigal Police Station, Cyberabad, Ranga Reddy District. 2 The Commissioner of Police, Ranga Reddy District. .....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 For the reasons stated in the "Telegram" dated 29-05-2009 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 son of the Petitioner by name, Khaja Miya, aged 28 years, Petty scrap Vender, Dr.No. 1-4-307/B, Bholakpur, Hyderabad, before this Hon'ble Court, who is illegally detained since 3 days by the police, Dundigal Police Station, Cyberabad, Ranga Reddy District and 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 Respondent No.: THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO TAKEN UP WRIT PETITION No.10930 of 2009 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned 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 petitioner’s telegram, dated 29.05.2009, wherein it is alleged that the son of the petitioner viz., Khaja Miya, aged 28 years, Petty scrap vendor, Door No.1-4-307/B, Bholakpur, Hyderabad, was illegally detained by the police of Dundigal Police Station, Cyberabad, Ranga Reddy District, that he is apprehending danger to his life and set him at liberty. 3. A counter affidavit has been filed by the Inspector of Police, Dundigal Police Station, Cyberabad, Ranga Reddy District, representing the first respondent herein, stating inter alia that one Mohd. Baba Khan, resident of Kawadiguda, Musheerabad, has lodged a complaint with Dundigal Police Station on 28.5.2009 alleging that while he was constructing a shed in open plot situated beside Gopal Rao Garden, Dommarapochampally village, Quthbullapur Mandal, on the intervening night of 24/25.5.2009 some unknown persons have stolen 160 centering boxes kept in the said plot. Basing on the said complaint a case in Crime No.162 of 2009 for the offence punishable under Section 379 I.P.C. was registered and investigation was taken up. Subsequently, during the course of investigation the said stolen property was traced in the shop of Mohd. Khaja Miya, the alleged detenu, situated at Bholakpur, Musheerabad, and upon interrogation the alleged detenu confessed that he had stolen those centering boxes and the same were seized. It is also stated that the alleged detenu was produced before the VI Metropolitan Magistrate, Cyberabad, who inturn remanded him to judicial custody, and pursuant to the said order of remand of the learned Magistrate, the alleged detenu was lodged at Central Prison, Cherlapalli, Ranga Reddy District. However, subsequently on 1.6.2009 the alleged detenu was enlarged on bail. 4. In view of the categorical statement made by the first respondent in the counter affidavit, since the custody of the alleged detenu is in accordance with law and was released on bail, the question of issuing Writ of Habeas Corpus 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 R.KANTHA RAO 19-06-2009 Msr/Lmv THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO TAKEN UP WRIT PETITION No.10930 of 2009 19-06-2009 (Msr)