IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.4892 of 2009 Between: Shaheen Begum, W/o. Mohd. Osman Badee Masjid Highway Hotel, Qadri Gulshan, Shaheennagar, Ranga Reddy District. ..... PETITIONER AND 1 The Station House Officer, Pahadi Shareef, Hyderabad. 2 The Commissioner of Police, 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 05-03-2009 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 husband of the Petitioner, namely Mohammed Osman, S/o. Late Mohammed Salam, aged about 32 years, R/o. Shaheennagar, Ranga Reddy District, before this Hon'ble Court, who was illegally detained by the police of Pahadi Shareef in the intervening night 3rd and 4th February, 2009, 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 : ORDER: (Per 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 05.03.2009 sent by the petitioner alleging that her husband namely Mohammed Osman is illegally detained by the Police of Pahadi Shareef since the intervening night of 3/4.02.2009 and that she is apprehending danger to the life of the alleged detenu. The first respondent- Inspector of Police and Station House Officer, Pahadi Shareef Police Station, Cyberabad filed an affidavit, dated 20.03.2009 stating that the alleged detenu is arrayed as Accused No.1 in Crime No.89 of 2008 registered for the offence punishable under Section 306 I.P.C by the Police of Pahadi Shareef Police Station on 04.03.2009 based on a complaint given by Smt.Merajunnisa. The said crime was initially registered under the head of “Woman Burns” and subsequently section of law was altered to 306 I.P.C based upon the dying declaration given by the victim. During the course of investigation, the police effected the arrest of the accused on 05.03.2009 and produced him before the XIV Metropolitan Magistrate, Cyberabad at L.B.Nagar on 06.03.2009. On such production, the learned Magistrate remanded the alleged detenu to judicial custody. Having regard to the fact that the alleged detenu was arrested after following due procedure and was remanded to judicial custody, we do not see any merit in the contents of the telegram that the alleged detenu has been illegally detained by the police. The writ petition is accordingly dismissed. A. GOPAL REDDY, J K.C.BHANU, J Date: 30.03.2009 va