IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.25206 of 2008 Between: Bhanwarlal, S/o. Himtaramji, R/o. Plot No. 5-6, Shop No.1, Maruthi Residency, Nethajinagar, Kapara, Ranga Reddy District. ..... PETITIONER AND 1 The Station House Officer, Kushaiguda Police Station, Hyderabad, Ranga Reddy District. 2 The Commissioner of Police, A.P., Hyderabad. .....RESPONDENTS 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 13-11-2008 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 by name Anand Kumar, before this Hon'ble Court, who is illegally detained since 07- 11-2008 by the police Kushaiguda, Ranga Reddy District i.e. Mr. Chakrapani, S.I., with the reason that he has purchased stolen property (gold) from an alleged thief by name Hari @ Toni; and the police demanding the Petitioner to surrender ten grams of gold; 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 Respondents: THE ADVOCATE GENERAL The Court made the following : THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.25206 of 2008 ORDER (Per the Hon’ble Sri Justice A.Gopal Reddy): This is a taken up writ petition for issuance of a writ of Habeas Corpus basing upon the telegram dated 13.11.2008 sent by the petitioner alleging that his son namely Anand Kumar is illegally detained by the Police of Kushaiguda Police Station since 07.11.2008 on the ground that he has purchased stolen property and that he is apprehending danger to the life of the alleged detenu. The Inspector of Police, Kushaiguda Police Station filed an affidavit stating that on the complaint given by one Smt.Konda Galla Savitri of Kushaiguda a case in Crime No.582 of 2008 was registered for the offences punishable under Sections 356 and 379 I.P.C., in which the alleged detenu was arrayed as Accused No.2 and that the alleged detenu was arrested on 12.11.2008 and was produced before the X Metropolitan Magistrate, Cyberabad at Malkajgiri for remand on 13.11.2008. On such production the learned Magistrate remanded him to judicial custody and accordingly the alleged detenu was lodged at Central Prison, Cherlapally. On 14.11.2000 the alleged detenu was enlarged on conditional bail with a direction to appear before the first respondent police on every Sunday until further orders. When the alleged detenu was produced before the learned Magistrate for judicial remand, he has not complained that he was illegally detained by the police since 07.11.2008 and therefore the allegation made by the petitioner in the telegram dated 13.11.2008 appears to have been concocted by him and the same cannot be given any credence. The writ petition is accordingly dismissed. A.GOPAL REDDY, J R. KANTHA RAO, J Date: 01.12.2008 va