IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF AUGUST 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. 17100 of 2008 Between: Abdul Aziz, S/o. Hussain, Rudrur Village, Varni Mandal, Nizamabad District. ..... PETITIONER AND 1 The Station House Officer, Bodhan, Nizamabad District. 2 The Commissioner of Police, Basheerbagh, Hyderabad. 3 The Circle Inspector of Police, Nizamabad District. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 02-08-2008 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 Petitioner's son namely Md. Shareef, aged 17 years, R/o. Rudrur Village, Varni Mandal, Nizamabad District, before this Hon'ble Court, who was illegally detained since 01-08-2008 at 08.00 P.M. by the police of Circle Inspector of Police, Bodhan Police Station, Nizamabad District, 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 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.17100 of 2008 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 taken up basing on a telegram, dated 02-08- 2008, sent by the petitioner, complaining that his son viz., Md. Shareef, aged 17 years, resident of Rudrur village, Varni Mandal, Nizamabad District, was illegally detained since 01-08-2008 by the Circle Inspector of Police, Bodhan Police Station, Nizamabad District, and that he is apprehending danger to his life. According to the petitioner, the alleged detenu was implicated in a false case on the allegation that the alleged detenu kidnapped one Uma Rani. 3. A counter affidavit has been filed by the Inspector of Police, Bodhan Circle, Nizamabad District, representing the third respondent herein, stating that the alleged detenu is an accused in Crime No.102 of 2008 for the offence punishable under Sections 365 and 506 of Indian Penal Code, of Varni Police Station, which was registered on 02-08-2008 basing on a complaint given by one Smt. Anke Uma Rani, resident of Rudrur village, alleging that the alleged detenu kidnapped her and misbehaved during her confinement at Pothangal village. It is further stated in the counter affidavit that from the conduct of the alleged detenu, it is clear that the alleged detenu wants to evade his arrest in connection with the above said crime by absconding from 02-08-2008, and that sincere efforts are being made to apprehend the alleged detenu. 4. In view of the above said facts, we cannot go into the other material aspects, inasmuch as, the alleged detenu is wanted by the police in connection with Crime No.102 of 2008 and the police are searching for him in order to take further action, in accordance with law. 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 20-08-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Bodhan, Nizamabad District. 2 The Commissioner of Police, Basheerbagh, Hyderabad. 3 The Circle Inspector of Police, Nizamabad District. 4. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 5. 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.17100 of 2008 20-08-2008 (Msr)