IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF AUGUST 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. 17617 of 2008 Between: Mir Sajid Ali, H.No. 21-4-827/3, Opposite D.C.P. Head Qtrs, Puranapul, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Puranapul, Hyderabad. 2 The Commissioner of Police, Basheerbagh, Hyderabad. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 09-08-2008 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 parents and sister namely Mahboob Ali Zuberi, aged 78 years, before this Hon'ble Court, who were illegally taken away by the police Sangareddy at 08.00 A.M. and apprehending danger to their lives and set them 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.17617 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is taken up at the instance of the petitioner’s telegram, dated 09-08-2008, seeking a direction to the respondents to produce his parents and sister, namely Mahboob Ali Zuberi, aged about 78 years, who were illegally taken away by the police of Sangareddy Police Station, Medak District, before this Court and that he is apprehending danger to their lives. 3. A counter aﬃdavit has been ﬁled by the Sub-Inspector of Police, Town Police Station, Sangareddy, Medak District, stating inter alia that the petitioner has not furnished the descriptive particulars of the alleged detenus except mentioning the name of Mahboob Ali Zuberi. It is also stated that the named alleged detenu is Accused No.2 in Crime No.117 of 2008 for the oﬀence punishable under Sections 498-A I.P.C. and Sections 3 and 4 read with Section 6 of Dowry Prohibition Act of Sangareddy Town Police Station, which was registered on 29-07-2008 basing on a complaint given by one Smt. Khaja Bhanu of Sangareddy Town. In the said crime, the entire family members, including the petitioner and the alleged detenu, were arrayed as accused. However, in the telegram, the petitioner has mentioned the name of Mahboob Ali Zuberi only. It is also stated that as regards the unnamed sister of the petitioner is concerned, as per the record, she is arrayed as Accused No.5 in the said crime and her name is Nasreen Fatima @ Thousif Fatima, w/o. late Wazid. It is further stated that the alleged detenus were arrested on 08-08-2008 in connection with the above said crime and produced before the Judicial First Class Magistrate, Zaheerabad, who was incharge of Judicial First Class Magistrate Court, Sangareddy, Medak District, who inturn remanded them to judicial custody. By virtue of the said remand order of the learned Magistrate, the alleged detenus were initially lodged at District Jail, Sangareddy and subsequently they were enlarged on bail by the learned Magistrate on 11-08-2008. 4. Having regard to the facts stated in the counter affidavit, the question of illegal detention does not arise. 5. For the foregoing, we do not ﬁnd any merit 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 27-08-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Puranapul, 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.17617 of 2008 27-08-2008 (Msr)