IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.CHANDRA KUMAR WRIT PETITION NO : 3020 of 2009 Between: Patan Rahamath Bi, W/o. Patan Jeelani Basha, Kothapalli, Rayachoty - 516 269, Kadapa District. ..... PETITIONER AND 1 The Station House Officer, Badvel Police Station, Kadapa District. 2 The Superintendent of Police, Kadapa District at Kadapa. .....RESPONDENTS 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 the "Fax Message" dated NIL 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 husband of the Petitioner herein viz., Patan Jeelani Basha, S/o. Mohammed Khan, before this Hon'ble Court, who was illegally detained by the police of Badvel Police Station, Kadapa District, 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: FAX MESSAGE Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE B.CHANDRA KUMAR W.P.NO.3020 OF 2009 JUDGMENT: (PER AGRJ) This is a taken up writ petition basing on the fax message dated nil by the petitioner by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking to issue an order or direction more particularly one in the nature of writ of habeas corpus directing the respondents to produce the husband of the petitioner viz. Patan Jeelani Basha S/o Mohammed Khan, before this Court, who was illegally detained by the police of Badvel Police Station, Kadapa District apprehending danger to his life and set him at liberty forthwith. In response to the notice, 1st respondent – The Station House Officer, Badvel Police Station, Kadapa District filed affidavit denying the illegal detention of the detenue. It is stated in the affidavit that the detenue is Accused No.1 in Crime No.37 of 2009 registered for the offence punishable under Section 420 read with 34 of IPC of Badvel Urban Police Station, Kadapa District and that the said crime was registered on 13.02.2009 on the complaint given by one Nalli Venkataiah of Lakshmipalem Village and that though the crime was registered on 13.02.2009, except recording the statement of the complainant no action has been initiated either against the alleged detenue or against A2 for want of sufficient evidence and that the 1st respondent did not arrest the alleged detenue or summon him to the Police Station for enquiry and the petitioner sent a fax message with all false allegations and in support of the affidavit the 1st respondent filed copies of FIR and Part I CD and in the circumstances the respondents prayed to dismiss the writ petition. In view of the fact that a crime has been registered against the alleged detenue and the crime is at the stage of investigation and he was neither arrested nor called to the Police Station, it cannot be said that the husband of the petitioner was illegally detained by the respondents. It is needless to say that as and when the husband of the petitioner is arrested the respondents shall follow the procedure of producing him before the concerned magistrate. We see no merits in the writ petition. Accordingly, the writ petition is dismissed. Communicate the copy of this order to the petitioner. No costs. ____________________ A.GOPAL REDDY,J Dated: 03.03.2009 _______________________ B.CHANDRA KUMAR,J kvrm HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE B.CHANDRA KUMAR W.P.NO.3020 OF 2009 DATED: 03.03.2009