IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF JULY 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.15203 of 2008 Between: Rajender, Secunderabad. ..... PETITIONER AND 1 The Station House Officer, Pahadi Shareef Police Station, Hyderabad. 2 The Commissioner of Police, Cyberabad at 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 Ramavath Lacha, S/o. Kotya Narender Lachya, before this Hon'ble Court, who was illegally detained since last 8 days by the police of Pahadi Shareef, Hyderabad apprehending danger to his life and set him at liberty forthwith and to pass such other or further orders 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.15203 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 basing on a telegram, dated 10-07-2008, sent by one Rajender, resident of Secunderabad, to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, seeking production of one Ramavath Lacha, son of Kotya Narender Lachya, before this Court, who was illegally taken away by the police of Pahadi Shareef Police Station, Hyderabad, eight days prior to the issuance of this telegram, and that he is apprehending danger to his life. 3. A counter affidavit has been filed by the Inspector of Police, Pahadi Shareef Police Station, representing the first respondent herein, stating inter alia that the alleged detenu was Accused No.1 in Crime No.278 of 2008 for the offences punishable under Sections 306 read with 34 and 109 of Indian Penal Code, of Pahadi Shareef Police Station, Hyderabad, which was registered on 03-07-2008 basing on a complaint given by one Smt. Ramavath Sugunamma. It is stated that the alleged detenu was arrested on 16-07-2008, along with Accused Nos.2 and 3, in connection with the above said crime and produced before the II Metropolitan Magistrate, L.B.Nagar, Cyberabad, Hyderabad, who inturn remanded him to judicial custody. Pursuant to the remand order, dated 16-07-2008, of the learned Magistrate, the alleged detenu is now lodged at Central Prison, Cherlapally, Ranga Reddy District. 4. Having regard to the facts stated in the counter affidavit, the question of illegal detention does not arise. 5. For the foregoing, we do not find any merit 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 30-07-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Pahadi Shareef Police Station, Hyderabad. 2 The Commissioner of Police, Cyberabad at 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.15203 of 2008 30-07-2008 (Msr)