IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 4576 of 2008 Between: Smt. Aneesa Begum, W/o. late Jaweed Pasha, R/o. Chandrayanagutta, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Amberpet Police Station, Hyderabad. 2 The Commissioner of Police, Hyderabad at Basheerbagh, 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 28-02- 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 son of the Petitioner herein Viz., Sk. Ahmed, S/o. late Javeed Pasha, aged 30 years, before this Hon'ble Court, who was illegally detained on 25-02-2008 by the police of Amberpet Police Station, Hyderabad, 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 Respondent No.: THE ADVOCATE GENERAL The Court made the following : ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) This writ petition is taken up on the basis of the telegram, dated 28.02.2008 sent by the petitioner to the Hon’ble the Chief Justice alleging that her son, namely, Sk. Ahmed, S/o. late Javeed Pasha, was illegally detained by the Amberpet Police since 25.02.2008 and apprehending danger to his life. In response to the notice, the Inspector of Police, Amberpet Police Station, Hyderabad, the first respondent herein filed counter affidavit stating that on the basis of the complaint given by one Venkateshwar Reddy, the first respondent Police registered a case in Crime No.93 of 2008 for the offences punishable under Section 454 and 380 IPC on 29.02.2008 wherein the alleged detenu was shown as accused No.1. After following due procedure, the first respondent effected arrest of the alleged detenu and produced him before the VI Additional Chief Metropolitan Magistrate, Nampally, on the same day itself. As per the orders of the learned Magistrate, the alleged detenu was again produced on 1.03.2008. On such production, the learned Magistrate remanded the alleged detenu to judicial custody. In pursuance of the said remand order, the alleged detenu was initially lodged at Central Prison, Chenchalguda, and later on, he was enlarged on bail on 7.03.2008. The F.I.R. and remand report filed along with the counter affidavit also disclose about the production of alleged detenu before the learned Magistrate, and on such production, the learned Magistrate remanded him to judicial custody and later he was enlarged on bail. In view of the same, no credence can be given to the allegations made in the telegram that the alleged detenu was illegally detained by the police. Accordingly, the Writ Petition is dismissed. ___________________ (A.GOPAL REDDY, J) _____________ (K.C. BHANU , J) 19th March, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Amberpet Police Station, Hyderabad. 2 The Commissioner of Police, Hyderabad at Basheerbagh, Hyderabad. 3 2 CCs to the Advocate General, High Court of A.P. Hyderabad(OUT) 4 2 CD copies. Form-NIC-OGS/WP{MJ}