IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 3339 of 2008 Between: Mohd. Hameeduddin S/o.Shareef Ahmedruf Bura R/o. 119, A.P. Lodge Nampally, Hyderabad. Native of Road No.7, Hapur Road Ansar Block, Kareemnagar, Meeruit City, Uttar Pradesh. ..... PETITIONER AND 1 The Director General of Police, Govt. of A.P. Saifabad, Hyderabad. 2 The Commissioner of Police, Cyberabad at Gachibowli, R.R. District. 3 Inspector of Police, P.S. Nacharam, Cyberabad , R.R. District. .....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 to issue a Writ of Habeas Corpus, directing the respondents to produce the petitioner's brother Mr.Mohd Mahrajuddin i.e., Accused No. in crime No.22/08 of Nacharam Police Station before this Hon'ble Court who is reported to have been kept in a secret place by the Police Nacharam and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and to meet the ends of justice. Counsel for the Petitioner:MR. Asadulla Shareef Counsel for the Respondents: The Advocate General The Court at the stage of admission made the following : ORDER: (per Hon’ble Sri Justice A. Gopal Reddy, J) The petitioner who is the brother of the alleged detenu Mohd. Hameeduddin, accused in Crime No. 22 of 2008 of Nacharam Police Station filed this writ of habeas corpus for production of the alleged detenu and for his release. Admittedly, Crime No. 22 of 2008 was registered by the police against the alleged detenu for the offence under Sections 454 and 480 IPC, in which the Station House Officer, Nacharam Police Station obtained police custody of the alleged detenu from 16-2-2008 to 21-2-2008 vide order dated 15-2-2008 passed by the learned III Metropolitan Magistrate, Cyberabad. The learned Magistrate directed the police to produce the alleged detenu on 22-2-2008. In view of custody obtained by the police for interrogation of the accused, the element of illegal confinement is absent for entertaining the writ of habeas corpus. Therefore, we see no ground to entertain the writ petition. It is accordingly dismissed. If the counsel for the accused is not allowed during the interrogation as per the orders of the learned Magistrate, it is always open for the petitioner to move the learned Magistrate for appropriate relief. A. GOPAL REDDY, J NOOTY RAMAMOHANA RAO, J Dated: 19-02-2008 ks Note: Furnish Copy today ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Director General of Police, Govt. of A.P. Saifabad, Hyderabad. 2 The Commissioner of Police, Cyberabad at Gachibowli, R.R. District. 3 Inspector of Police, P.S. Nacharam, Cyberabad , R.R. District.