THE HONOURABLE SRI JUSTICE V. ESWARAIAH AND THE HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR TAKEN UP WP.No.9631 OF 2009 ORDER: (per Hon’ble Sri Justice Vilas V. Afzulpurkar) A telegram dated 27.04.2009 sent to the Honourable the Chief Justice is treated as a taken up writ petition. It is alleged in the said telegram by the petitioner that her sister’s son by name Mohd. Jahangir was illegally taken away by Amberpet Police on 27.04.2009 and apprehending danger to his life and to set him at liberty, the said telegram was sent. 2. By order of this Court dated 01.05.2009, the learned Advocate General took time to get instructions. Today when the matter is taken up for hearing, the learned Advocate General filed counter affidavit of the first respondent together with copies FIR and the case diary relating to Cr.No.175 of 2009 of Amberpet Police Station. 3. We have heard the learned Advocate General. 4. In Para 4 of the counter affidavit it is mentioned that the alleged detenu is arrayed as accused in Cr.No.175of 2009 at Amberpet Police Station for the offence under Section 448, 506, 341, 384 and 511 of Indian Penal code and Section 156 (3) of the Criminal Procedure Code. The said crime was registered on the basis of the complaint given by the wife of the alleged detenu. It is also alleged that the actual name of the detenu is Mohd. Zaheeruddin S/o. Mohd. Zainuddin having residential address at H.No.18-8- 224/C/5, Masooda Function Hall, Fatehshanagar, Edibazar, Hyderabad. However, from the date of registration of the crime the alleged detenu is absconding. It is also alleged that the wife of the alleged detenu lodged another complaint on 05.02.2009 with Central Crime Station, Basheerbagh, Hyderabad vide Cr.No.52 of 2009 for the offence under Section 498 A of IPC and Section 156(3) of Cr.P.C., which is also under investigation. However, the alleged detenu dated obtained anticipatory bail on 05.03.2009 in connection with Cr.No.52 of 2009 referred to above. In view of the above, therefore, since the alleged detenu himself is evidently not under detention much less illegal detention, the writ petition is liable to be dismissed and is accordingly dismissed. ______________ V. ESWARAIAH, J _____________________ VILAS V. AFZULPURKAR, J May 13, 2009 DSK