IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.17287 of 2008 Between: Nagendram, Malakpet, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Malakpet, Hyderabad District. 2 The Commissioner of Police, Basheerbagh, Hyderabad. .....RESPONDENT(S) For the reasons stated in the "Fax Message" dated 05-08-2008 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 namely Krishna Prasad, age 41 years, and A. Balaji Chandra Sekharam, S/o. Late Jagannatharao, before this Hon'ble Court, who were illegally taken away by the police Malakpet, Hyderabad on 03/08/2008 at 05.00 P.M. 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 : LETTER Counsel for the Respondents : 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 WRIT PETITION No.17287 of 2008 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 is taken up basing on a Fax Message, dated 05-08- 2008, sent by the petitioner alleging that his son viz., Krishna Prasad, aged about 41 years, and one A.Balaji Chandra Sekharam, s/o. late Jagannatha Rao were illegally taken away by Malakpet police, Hyderabad, on 03-08-2008, and that he is apprehending danger to their lives. 3. A counter affidavit has been filed by the Inspector of Police, Malakpet Police Station, Hyderabad, representing the first respondent herein, stating inter alia that the alleged detenus are Accused Nos.1 and 2 in Crime No.216 of 2008 for the offence punishable under Sections 406, 506 and 420 of Indian Penal Code of Malakpet Police Station, which was registered on 09-07-2008 basing on a complaint given by one Tadepalli Indu Leka of Musarambagh, Malakpet, Hyderabad. It is further stated that the alleged detenus were arrested on 05-08-2008 in connection with the above said crime and produced before the VII Chief Metropolitan Magistrate, Nampally, Hyderabad, on 06-08-2008, who inturn remanded them to judicial custody. Pursuant to the said remand order, dated 06-08-2008, of the learned Magistrate, the alleged detenus were initially lodged at Central Prison, Chenchalguda, Hyderabad, and subsequently enlarged on conditional bail by the learned Magistrate, on 08-08-2008 with a direction to appear before the first respondent police on every day between 9-00 a.m., and 5-00 p.m., until further orders. 4. Having regard to the facts stated in the counter affidavit, since the alleged detenus were detained pursuant to the judicial order of remand passed by the competent Court, the question of illegal detention does not arise. 5. For the foregoing, we see no grounds to continue the writ petition any further 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 K.C.BHANU 22-08-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Malakpet, Hyderabad District. 2 The Commissioner of Police, Basheerbagh, Hyderabad. 3. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 4. 2 CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.17287 of 2008 22-08-2008 (Msr)