THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.16873 of 2010 ORDER: (per Hon’ble Sri Justice K.C. Bhanu) 1. This writ petition is taken up on the basis of the telegram dated 7.07.2010 sent by the petitioner herein to the Hon’ble the Chief Justice, for issuing a writ of Habeas Corpus to the respondents to produce G. Kollapuri, Mekala Nagayya and the minor boy Mekala Shiva, who are said to have been detained by the Police Malakpet Police Station since 5.07.2010, before this Court. 2. In pursuance of the notice issued by this Court, the first respondent-Inspector of Police, Malakpet Police Station, filed a detailed counter affidavit stating that they have no occasion to apprehend the detenus either on 5.07.2010 or any other subsequent day. But on making enquiries, they came to know that the alleged detenu No.2 was arrested by the L.B. Nagar Police, Cyberabad on 24.07.2010 in connection with Crime No.955 of 2010 registered for the offence punishable under Section 379 IPC and was produced before the II Metropolitan Magistrate, L.B. Nagar, Cyberabad on the same day. In pursuance of the remand order passed by the learned Magistrate, the alleged detenu No.2 was sent to judicial custody and presently he is lodged at Central Prison, Cherlapalli. 3. As far as alleged detenu Nos.1 and 3 are concerned, it is stated that on enquiry the police came to know that alleged detenu Nos.1 is a resident of Bapungar Colony, Saroornagar and alleged detenu No.3 is a resident of Tapovan Colony, S.R. Nagar. They were not arrested by the Malakpet Police, in connection with any case. However, they were traced and produced before the Tahsildar, Saidabad Mandal, Hyderabad, on 26.07.2010. On such production, alleged detenu No.3 stated that he is not a minor as alleged in the telegram, and he is freely moving in the locality. The Tahsildar recorded their statements on the same day in the presence of witnesses. 4. As seen from the statement recorded by the Mandal Executive Magistrate the alleged detenu Nos. 1 and 3 are freely moving in the locality. Hence the question of their illegal detention by the police does not arise. However, the alleged detenu No.2 was arrested by the police in connection with Crime No.955 of 2010 of L.B. Nagar Police Station, and in pursuance of the remand order made by the competent Criminal Court, he is now lodged in central prison, Cherlapally, and so, the question of issuing writ of Habeas Corpus does not arise. 5. Accordingly, the Writ Petition is dismissed. ___________________ (A.GOPAL REDDY, J.) _____________ (K.C. BHANU, J.) 9th August, 2009 Js.