IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 10934 of 2009 Between: Anwar Begum, W/o. Late Mohammed Rajjabali, R/o. 18-8123/4/A, Dargah Burhane Shah, Edibazar, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Sanathnagar, Hyderabad. 2 The Commissioner of Police, 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 28-05-2009 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 son of the Petitioner namely Mohd. Khaleel, before this Hon'ble Court, who was illegally detained since last 3 days by the police of Sanathnagar and 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 SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO TAKEN UP WRIT PETITION No.10934 of 2009 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is initiated at the instance of the petitioner’s telegram, dated 28.05.2009, wherein it is alleged that the son of the petitioner viz., Mohd. Khaleel was illegally detained by the police of Sanathnagar Police Station, Hyderabad, that she is apprehending danger to his life and set him at liberty. 3. A counter affidavit has been filed by the Inspector of Police, Sanathnagar Police Station, Hyderabad, representing the first respondent herein, stating inter alia that the alleged detenu is Accused No.1 in Crime No.313 of 2009 for the offence punishable under Sections 498-A, 506-II and 323 I.P.C., of Sanathnagar Police Station, which was registered on 23.5.2009 on reference by the IX Metropolitan Magistrate, Kukatpalli, Miyapur, basing on the private complaint lodged by one Smt. Azmath Zahan before the learned Magistrate under Section 200 Cr.P.C. In connection with the above said crime, the alleged detenu was arrested on 28.5.2009 and produced before the learned Magistrate on the same day, who inturn remanded him to judicial custody. Pursuant to the said order of remand of the learned Magistrate, the alleged detenu was lodged at Central Prison, Cherlapalli, Ranga Reddy District. The copies of the F.I.R. and Remand Report in Crime No.313 of 2009 are made part of the record. 4. In view of the categorical statement made by the first respondent in the counter affidavit, since the custody of the alleged detenu is in accordance with law, the question of issuing Writ of Habeas Corpus does not arise. 5. For the foregoing, there are no merits in the writ petition and the same is liable to be dismissed. 6. Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE R.KANTHA RAO 19-06-2009 Msr/Lmv THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO TAKEN UP WRIT PETITION No.10934 of 2009 19-06-2009 (Msr)