THE HONOURABLE SRI JUSTICE V. ESWARAIAH AND THE HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR TAKEN UP WP.No.9433 OF 2009 ORDER: (per Hon’ble Sri Justice Vilas V. Afzulpurkar) A telegram dated 28.04.2009 sent to the Honourable the Chief Justice is treated as a taken up writ petition. The petitioner alleged that his brother- in-law by name Mr. M. Bala Krishnam Raju is illegally detained at Kukatpally Police Station and apprehending danger to his life and to seek his release, the aforesaid telegram was sent. 2. On 01.05.2009 this Court directed the learned Advocate General to get instructions. Today when the matter is taken up for hearing, the learned Advocate General filed counter affidavit of the Deputy Commissioner of Police, Commissioner’s Task Force, Hyderabad City along with the other documents. 3. We have heard the learned Advocate General. 4. In the counter affidavit while denying the allegation of the petitioner it is mentioned that the alleged detenu was arrayed as Accused No.3 in Cr.No.38 of 2009 with Brahmapura Police Station, Gulbarga District. The said crime was registered on 15.03.2009 for the offence under Sections 468, 471, 420 read with Section 120 (B) of the Indian Penal Code and the same is pending with the District Crime Intelligence Bureau, Gulbarga. Under the course of investigation, the District Crime Intelligence Bureau with the assistance of North Zone, Task Force Police, Hyderabad City arrested the alleged detenu on 28.04.2009, which is evident from the G.D. entry made by the Hyderabad Task Force. A copy of the GD entry is produced along with the counter. It is, further, alleged that the alleged detenu was produced before the IV Additional Judicial First Class Magistrate, Gulbarga on 29.04.2009 and the alleged detenu was remanded to police custody till 01.05.2009, which was later extended by one more day. It is, further, alleged that on further production of detenu the learned Magistrate has sent the alleged detenu to Central Jail, Gulbarga. The copies of the proceedings of the learned Magistrate’s Court, referred to above, are also produced along with the counter. In view of the above, as the alleged detenu is under the custody of the learned Magistrate, the allegation of illegal detention is unsubstantiated and as such, the writ petition is liable to be dismissed and is accordingly dismissed. ______________ V. ESWARAIAH, J _____________________ VILAS V. AFZULPURKAR, J May 13, 2009 DSK