IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH 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.16285 of 2008 Between: Mohd. Anwar, S/o.Late Mohd. Habeeb, R/o. Mahmood Nagar, Kishanbagh, Hyderabad. ..... PETITIONER AND 1 The Commissioner of Police, Hyderabad City, Basheerbagh, Hyderabad. 2 The Dy. Commissioner of Police, South Zone, Purani Haveli, Old Commissioner of Office, Chatta Bazar, Hyderabad. 3 The Assistant Commissioner of Police, Charminar Division, Charminar, Hyderabad. 4 The Station House Officer, P.S. SOT, Amberpet, 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 order or direction more particularly one in the nature of Writ of Habeas Corpus directing the respondents to produce the detenues (1) Mr.Mohd. Jaffar S/o. Late Mohd. Dawood, aged 28 years, (2) Mohd. Shareef S/o. Mohd. Anwar, aged 20 years, and set them at liberty and to pass such other order or orders. Counsel for the Petitioner : MR.ANDHUGULA RAMESH BABU Counsel for the Respondents : THE ADVOCATE GENERAL The Court made the following : THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.16285 of 2008 ORAL 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. The present Writ of Habeas Corpus is ﬁled seeking production of (1) Sri Mohd. Jaffar, s/o. late Mohd. Dawood, aged about 28 years; and (2) Mohd. Sahareef, s/o. Mohd. Anwar, aged about 20 years, before this Court, on the ground that they were wrongfully detained by the police of Amberpet Police Station, and set them at liberty. 3. A detailed counter aﬃdavit has been ﬁled by the Inspector of Police, Special Operation Team, Amberpet, Cyberabad, representing the fourth respondent herein, stating that the alleged detenus, who are Accused Nos.1 and 2, respectively, along with another (Accused No.3) were taken into custody by Malkajgiri police on 29-07-2008 in connection with Crime No.339 of 2008, for the oﬀence punishable under Sections 454 and 380 of Indian Penal Code, which was registered on 23-07-2008, and produced before the X Metropolitan Magistrate a t Malkajgiri, Cyberabad, who inturn remanded them to judicial custody. In pursuance of the remand order passed by the learned Magistrate, they are now lodged in Central Prison, Cherlapally. 4. Having regard to the fact that the alleged detenus were conﬁned in pursuance of the judicial order of remand passed by the learned Magistrate, the question of illegal detention does not arise and the writ petition is liable to be dismissed as having no merits. 5. 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 04-08-2008. Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner of Police, Hyderabad City, Basheerbagh, Hyderabad. 2 The Dy. Commissioner of Police, South Zone, Purani Haveli, Old Commissioner of Office, Chatta Bazar, Hyderabad. 3 The Assistant Commissioner of Police, Charminar Division, Charminar, Hyderabad. 4 The Station House Officer, P.S. SOT, Amberpet, Hyderabad. 5. Two CCs to Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. 6. Two C.D. copies. THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.16285 of 2008 04-08-2008 (Msr)