IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 21034 of 2008 Between: Smt. Naseem Begum W/o. Saber Bin Musfair R/o. H,.No. 18-10-125, Barkas, Hyderabad. ..... PETITIONER AND 1 The Station House Officer Police Station Chandrayanagutta, Hyderabad. 2 The Station House Officer Police Station Falaknuma, Hyderabad. 3 The Station House Officer Police Station Chatrinaka, Hyderabad. 4 The Commissioner of Police, Hyderabad, at Basheerbagh, Hyderabad. 5 The State of Andhra Pradesh, Rep. by its Prl. Secretary, Department of Home Secretariat, Hyderabad. .....RESPONDENT(S) 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 issue a writ or order or Direction more particularly one in the nature of writ of Habeas Corpus, directing the respondents to forthwith produce in this Hon'ble Court the detainees by name (1) Mr. Sadeq Bin Musfair S/o.d Saber Bin Musfair aged about 18 years (2) Mr. Sadeq Baqrasa S/o. Abu Shair and (3) Faheem Baig S/o. Ahmed Baig who have been in the illegal custody of respondent Nos. 1 to 3 and record their statements and set them at liberty by duly awarding them compensation and pass such other order/s as deemed ﬁt and proper in facts and circumstances of the case. Counsel for the Petitioner:MR.S.R.SANKU & KAVITI MURLI KRISNA Counsel for the Respondents: THE ADVOCATE GENERAL WRIT PETITION NO : 21174 of 2008 Between: Naseem Begum, W/o. Saber Bin Musfair, H.No. 18-10-125, Barkas, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Chandrayangutta Police Station, Barkas, Hyderabad. 2 The Commissioner of Police, Hyderabad City, Hyderabad. 3 The Station House Officer, Chatrinaka Police Station, Hyderabad. .....RESPONDENT(S) 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 23-09-2008 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., Sadeq Bin Musfair, S/o. Saber Bin Musafair, aged 18 years, before this Hon'ble Court, who was illegally detained on 21-09-2008 by the police of Chandrayangutta, 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 : . THE HON'BLE MR JUSTICE GHULAM MOHAMMED & THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION No : 21034 OF 2008 & WRIT PETITION No.21174 OF 2008 COMMON ORDER: (Per Ghulam Mohammed,J) 1. Writ petition No. 21034 of 2008 is ﬁled by the petitioner seeking Writ of Habeas Corpus, to direct the respondents to forthwith produce the alleged detainees by name 1) Mr.Sadeq Bin Musfair s/o.Saber Bin Musfair ,aged about 18 years, who is son of the petitioner, 2) Mr.Sadeq Baqrasa s/o. Abu Shair and 3) Faheem Baig s/o. Ahmed Baig before this court and record their statement and set them at liberty by duly awarding them compensation. 2. Writ petition No.21174 of 2008 is taken up basing on the “Telegram” dated 23-09-2008 sent by the petitioner to the Honourable Chief Justice praying to issue writ of Habeas Corpus directing the respondents to produce her son by name Sadeq Bin Musfair s/o.Saber Bin Musafair, aged 18 years, before this court, who was illegally detained on 21.09.2008 by Police Chandrayangutta, Hyderabad, as the petitioner is apprehending danger to the life of her son, and set him at liberty forthwith. 3. It is submitted by the petitioner in W.P.No.21034 of 2008 that the ﬁrst respondent-Police on 21.09.2008 at about 6.00 p.m. apprehended the above persons i.e. 1) Mr.Sadeq Bin Musfair s/o.Saber Bin Musfair ,aged about 18 years, who is son of the petitioner, 2) Mr.Sadeq Baqrasa s/o. Abu Shair and 3) Faheem Baig s/o. Ahmed Baig from Barkas Area and since then they have been in illegal custody and they are being shifted from Chandrayangutta Police Station to Falaknuma Police Station and from there to Chatrinaka Police Station and now they are illegally detained in Chatrinaka Police Station under the custody of a Constable of Chandrayangutta Police Station by name Sandeep. 4. Pursuant to the notice, the ﬁrst respondent ﬁled a detailed counter aﬃdavit in both the writ petitions stating that the alleged detenu in the taken up writ petition No.21174 of 2008, who is alleged detenue No.1 in W.P.No.21034 of 2008, and alleged detenu No.3 in W.P.No.21034 of 2008 were arrested in Crime No.294 of 2008 and remanded to judicial custody. Subsequently, they were enlarged on regular bail on 3.10.2008. As far as the alleged detenu No.2 in writ petition No.21034 of 2008 is concerned, the ﬁrst respondent police never, in any manner detained him illegally much less from 21.9.2008. The ﬁrst respondent has also ﬁled First Information Report and Remand Case Diary. 5. In these circumstances, the question of illegal detention by the Police does not arise and we are not inclined to continue these writ petitions and the writ petitions are liable to be closed. 6. The writ petitions are, accordingly, closed. No order as to costs. _______________________ GHULAM MOHAMMED,J ____________________ G.BHAVANI PRASAD,J 15-10-2008 Stp