IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF OCTOBER 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 : 22858 of 2008 Between: Mohammed Sarwar, son of Shaik Mohammed, aged 60 years, r/o H.No.26-108, Bombay colony, R.C. Puram, Medak District. ..... PETITIONER AND 1.The Commissioner of Police, Basheerbagh, Hyderabad. 2.The Assistant Commissioner of Police, Goshamahal Division, Goshamahal, 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 a writ of Habeas Corpus directing the respondents to produce the detenus viz., 1) Mohammed Jeelani (24 years) and 2) Mohd. Samadni (26 years) before this Court and set them at liberty after declaring their arrest as illegal and arbitrary. Counsel for the Petitioner: MR.MOHD. ABDUL JABBAR Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following : THE HON'BLE MR JUSTICE D.S.R.VARMA AND THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 22858 of 2008 ORDER: (per the HON’BLE SRI JUSTICE K.C.BHANU) This writ petition has been ﬁled to issue a writ of Habeas Corpus directing the respondents to produce the detenus 1 and 2 before this Court, who were wrongfully confined by Malkajgiri Police. 2. In pursuance of the notice issued, a detailed counter-aﬃdavit has been ﬁled by the Assistant Commissioner of Police, Goshamahal Division, Hyderabad, alleging that the detenu No.1 was taken into custody by Malkajgiri police in connection with Cr.No.411 of 2008, under Section 379 IPC on 21-10- 2008 and he was produced before the X Metropolitan Magistrate, Cyberabad at Malkajgiri on 22-10-2008. In pursuance of the judicial remand, he was lodged in Central Prison, Cherlapally, Hyderabad. In respect of detenu No.2, he was arrested on 20-10-2008 in connection with Cr.No.632 of 2008, under Sections 457 and 380 IPC. He was produced before the X Metropolitan Magistrate, Cyberabad at Malkajgiri on 22-10-2008. In pursuance of the judicial remand, he was lodged in Central Prison, Cherlapally, Hyderabad. 3. Though it is contended by the learned counsel appearing for the petitioner that the detenus were taken long prior to the actual arrest as mentioned in the aﬃdavit, the same cannot be decided and determined by this Court because it is a question of fact. In view of the fact that they are not shown to be in illegal or wrongful custody of any police and they are shown to be in the judicial custody, question of issuing Habeas Corpus does not arise and hence, the writ petition is liable to be dismissed. 4. Accordingly, the Writ Petition is dismissed leaving open the remedies available to the petitioner under law. There shall be no order as to costs. ---------------------------------- JUSTICE D.S.R. VARMA ------------------------------- JUSTICE K.C.BHANU DATED: 30-10-2008 Hsd