IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 4365 of 2008 Between: Smt. Abeda W/o. Intiaz Ahmed Qureashi Baig R/o. VVR Towers, Green Hills Colony, Road No.1, Alakapuri, L.B.Nagar, R.R.District. ..... PETITIONER AND 1 The Commissioner of Police, Cyberabad 2 The Inspector of Police, Vanasthalipuram Police Station Cyberabad, R.R.District. 3 The Sub-Inspector Of Police, Vanasthalipuram Police Station, 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 under Article 226 of the Constitution of India directing the respiondents to produce Intiaz Ahmed Qureshi Baig, S.o, Mohd Baigfh Aged abiut 54 yeats, before this Hon'ble Court forthwith and to pass Counsel for the Petitioner: MR.CHANDRASEKHAR SIRIPALLI Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : ORDER: (per the Hon’ble Sri Justice A.Gopal Reddy) -- In spite of posting the matter under the caption “For Dismissal”, none appears for the petitioner. Heard the learned Advocate General and gone through the record. The petitioner, wife of Intiaz Ahmed Qureshi Baig, seeks to issue a Writ of Habeas Corpus under Article 226 of the Constitution of India directing the respondents to produce her husband, the alleged detenu, before this Court. The petitioner alleges that her husband and another person by name, Sri Sivaramakrishna were under illegal detention from 4.00 p.m. of 04-02-2008 in Vanasthalipuram Police Station. The Maruti Car bearing No.AP 28 AB 696 of her husband was also kept in the Police Station without any legal cause and respondents 2 and 3 are trying to record illegal confession of the alleged detenu about his involvement in a criminal case. It is further alleged that on 10-02-2008 when she approached the third respondent - Sub-Inspector of Police, Vanasthalipuram Police Station and requested to allow her to talk with her husband, he informed that alleged detenu was produced before the VII Metropolitan Magistrate, Cyberabad, and told her to go and see her husband at Cherlapalli Jail. Later, she came to know that the said information is false. Therefore, she seeks necessary orders for production of the alleged detenu and for his release. The second respondent - Inspector of Police, Vanasthalipuram Police Station, filed a counter-affidavit stating that earlier on the basis of a telegram, W.P.No.2544 of 2008 was taken up, in which he filed a detailed counter-affidavit denying the custody of the alleged detenu along with Sivaramakrishna. It is further stated that on registering the Crime No.65 of 2008 for the offences under Sections 419, 420, 468, 471 read with 34 I.P.C. of Vanastalipuram Police Station against the alleged detenu, who was arrayed as A2, Buddaraju Ranga Raju @ Varma Raju – A1, Sevva Showri Reddy – A3 and Sivaramakrishna @ Buddaraju Ramakrishna Raju – A4, police arrested A3 and A4 and they were produced before the VII Metropolitan Magistrate, Cyberabad at Hayathnagar on 06-02-2008. On such production, the learned Magistrate remanded them to judicial custody and accordingly they were lodged at Central Prison, Cherlapalli. According to the statement of the complainant on which basis the crime was registered, when all the accused went to the Sub-Registrar’s Office, Vanastalipuram, and when the staff of the said office informed to the complainant that the documents produced are fake, A1 ran away and his son Ramakrishna, Khaleel and Shouri Reddy were caught by him and while coming out from the Sub-Registrar’s Office so as to go to Police Station, alleged detenue – A2 ran away leaving his car bearing No.AP 28 AB 696 and the complainant handed over A3 and A4 along with the said car to the Police of Vanastalipuram Police Station, where the Investigating Officer effected the arrest of A3 and A4 and produced before the Magistrate and has been making all efforts to apprehend the alleged detenu and A1. In view of the statement of the complainant and the averments made in the counter-affidavit, respondents are directed to complete the investigation into the above said crime and on being effected the arrest of the alleged detenu, he shall be produced before the VII Metropolitan Magistrate, Cyberabad at Hayathnagar within whose jurisdiction the crime has been committed after due intimation to the petitioner. With the above observation, the Writ Petition is disposed of. No order as to costs. __________________ A.GOPAL REDDY, J. _________________________ B.SESHASAYANA REDDY, J. 18th March, 2008. skmr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Commissioner of Police, Cyberabad. 2. The Inspector of Police, Vanasthalipuram Police Station, Cyberabad. 3. The Sub-Inspector of Police, Vanasthalipuram Police Station, Cyberabad, R.R.District. 4. 2CCs to Advocate General. 5. 2CD copies