THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO TAKEN UP WRIT PETITION No.22141 of 2009 Date: 09.11.2009 Between : M. Kumar Sankar … Petitioner and Commissioner of Police, Basheerbagh, Hyderabad. … Respondent THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO TAKEN UP WRIT PETITION No.22141 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 respondent. 2. This Writ of Habeas Corpus is initiated at the instance of the petitioner’s telegram, dated 04.10.2009, wherein it is alleged that the brother of the petitioner viz., M. Gopi Shankar was illegally detained by the police of Hyderabad, that he is apprehending danger to his life and set him at liberty. 3. A counter affidavit has been filed by the Commissioner of Police, Hyderabad City, stating inter alia that the alleged detenu is not wanted in any crime by the Hyderabad Commissionerate Police and no cases are pending against him. It is also stated that the alleged detenu was never arrested by the Police of Hyderabad Commissionerate either on 4.10.2009 or on any other subsequent date and the Hyderabad Commissionerate Police also does not recognize the alleged detenu. Therefore, it is stated that the allegations levelled against the respondent in the telegram are totally false and baseless. 4. In view of the facts stated by the respondent in the counter affidavit, 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. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE R.KANTHA RAO 09.11.2009 Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO TAKEN UP WRIT PETITION No.22141 of 2009 09.11.2009 (Msr)