IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No. 22803 of 2008 Between: Khaja Najeemuddin, S/o. Khaja Nazeeruddin, H.No. 18-9-29/30/7, Chandrayangutta, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Chandrayangutta Police Station, Hyderabad. 2 The Commissioner of Police, Basheerbagh, Hyderabad. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 16-10-2008 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 Petitioner's brother, namely Khaja Nizamuddin, before this Hon'ble Court, who is illegally arrested on 16-10-2008 at about 11.30 A.M. by the police Chandrayangutta on the instigation and his in-laws and the police using third degree methods on the detenue for extorts confession; and 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 : TELEGRAM Counsel for the Respondents : THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.22803 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice K.C.Bhanu) Heard learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is initiated at the instance of the petitioner’s telegram, dated 16-10-2008, wherein it is alleged that the petitioner’s brother viz., Khaja Nizamuddin was illegally detained on 16-10-2008 by the Police of Chandrayangutta Police Station, Hyderabad, that he is apprehending danger to his life and set him at liberty, forthwith. 3. A counter aﬃdavit has been ﬁled by the Inspector of Police, Chandrayangutta Police Station, Hyderabad, representing the ﬁrst respondent herein, stating that the alleged detenu is Accused No.1 in Crime No.314 of 2008 for the oﬀence punishable under Sections 307, 498-A read with Section 34 I.P.C., of Chandrayangutta Police Station, Hyderabad, which was registered on 18-10-2008 basing on a complaint given by one Smt. Arsiya Begum, who is the wife of the alleged detenu. In connection with the above said crime, the alleged detenu was arrested on 18-10-2008 and produced before the Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, who inturn, remanded him to judicial custody. Pursuant to the remand order, dated 19-10-2008, of the learned Magistrate, the alleged detenu is now lodged at Central Prison, Chenchalguda, Hyderabad. 4. In view of the facts stated in the counter aﬃdavit, since the detention of the alleged detenu is in pursuance of the judicial order, the question of illegal detention 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. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 07-11-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Chandrayangutta Police Station, Hyderabad. 2 The Commissioner of Police, Basheerbagh, Hyderabad. 3. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 4. 2 CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.22803 of 2008 07-11-2008 (Msr)