IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU W.P.Nos.22722 and 22723 of 2008 W.P.No. 22722 of 2008 Between: Mr. Ghousuddin, R/o. 1-4-550/26, Gulshan Nagar, Bholakpur, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Miyapur, Ranga Reddy District. 2 The Commissioner of Police, Cyberabad. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 15-10-2008 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 namely Rukumdin, before this Hon'ble Court, who is illegally detained from 11-10-2008 at 05.00 A.M. by the police Miyapur, 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 W.P.No. 22723 of 2008 Between: Smt. Areefa Bee, W/o. Mr. Nazeer Ahmed, R/o. 1-4-550/30/A, Gulshannagar, Bholakpur, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Bholakpur, Hyderabad. 2 The Commissioner of Police, Basheerbagh, Hyderabad. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 15-10-2008 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 Mr. Habeed Ahmed, before this Hon'ble Court, who is arrested by police Miyapur on 11-10- 2008 at 05.00 P.M., who was illegally detained since by the police, appending 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 SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP W.P.Nos.22722 and 22723 of 2008 ORAL COMMON ORDER : (per the Hon’ble Sri Justice K.C.Bhanu) Heard learned counsel for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. Since the subject matter in both the writ petitions is one and the same, they are heard together and being disposed of by this common order. 3. These two writ petitions are taken up at the instance of the petitioners’ telegram, dated 15-10-2008, wherein it is alleged that their sons viz., Sri Rukumdin and Sri Habeeb Ahmed were illegally detained by the police of Miyapur Police Station, on 11-10-2008 and that they are apprehending danger to their lives and set them at liberty, forthwith. 4. A common counter affidavit has been filed by the Inspector of Police, Miyapur Police Station, Cyberabad, representing the ﬁrst respondent herein, stating that the alleged detenus were arrayed as Accused Nos.3 and 2 in Crime No.376 of 2008 for the oﬀence punishable under Section 379 I.P.C. of Miyapur Police Station, which was registered on 13-10- 2008 basing on a complaint given by one U.Hari Babu of Miyapur. In connection with the above said crime, the alleged detenus were arrested on 17-10-2008 and produced before the IX Metropolitan Magistrate, Kukatpally at Miyapur, Cyberabad on the same day, who inturn remanded them to judicial custody. In pursuance of the said remand order, dated 17-10- 2008, of the learned Magistrate, the alleged detenus were initially lodged at Central Prison, Cherlapalli, and subsequently enlarged on conditional bail by the learned Magistrate on 20-10-2008. 5. In view of the categorical statement made by the ﬁrst respondent in the counter aﬃdavit, the question of issuing Writ of Habeas Corpus does not arise. 6. For the foregoing, we see no grounds in the writ petitions and the same are liable to be dismissed. 7. Accordingly, the writ petitions are dismissed, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 07-11-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Miyapur, Ranga Reddy District. 2 The Commissioner of Police, Cyberabad. 3 The Station House Officer, Bholakpur, Hyderabad. 4 The Commissioner of Police, Basheerbagh, Hyderabad. 5. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 6. 2 CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP W.P.Nos.22722 and 22723 of 2008 07-11-2008 (Msr)