IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER 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. 19872 of 2008 Between: Mohd. Rafeeq, S/o. Mohd. Abdul Raoof, R/o. H.No. 280, Karkhana Bazar, Secunderabad. ..... PETITIONER AND 1 The Station House Officer, Karkhana Police Station, Secunderabad. 2 The Commissioner of Police, Basheerabagh, Hyderabad. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 10-09-2008 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 Mohd. Ayub, S/o. Mohd Abdul Raoof, his mother viz. Ayesha Bee and his brother viz. Shaik Abdul Saleem, before this Hon'ble Court, who were illegally detained by the Karkhana Police on 3-9-2008 at 10.00 A.M. and 09-09-2008 at 10.30 A.M., 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.19872 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) 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 10-09-2008, seeking production of the alleged detenus viz., (1) Mohd. Ayub, s/o. Mohd. Abdul Raoof, (2) Ayesha Bee, and (3) Shaik Abdul Saleem, before this Court, who were illegally detained by the police of Karkhana Police Station, on 03-09-2008 and 09-09-2008, that he is apprehending danger to their lives and set them at liberty, forthwith. 3. A counter aﬃdavit has been ﬁled by the Inspector of Police, Karkhana Police Station, Secunderabad, representing the ﬁrst respondent herein, stating that the alleged detenus were arrayed as Accused Nos.1, 2 and 3 in Crime No.279 of 2008 for the oﬀence punishable under Section 304(B) of I.P.C., of Karkhana Police Station, which was registered on 03-09-2008 basing on a complaint given by one Smt. Tabassum Begum, wife of the alleged detenu No.1. In connection with the above said crime, the alleged detenus were arrested on 09-09-2008 and subsequently on 10-09-2008 they were produced before the XI Additional Chief Metropolitan Magistrate, Secunderabad, who inturn remanded them to judicial custody. Pursuant to the said remand order, dated 10-09-2008, of the learned Magistrate, the alleged detenus were now lodged at Central Prison, Chenchalguda. 4. In view of the categorical statement made by the ﬁrst respondent in the counter aﬃdavit, since the alleged detenus were detained in pursuance of the judicial order of remand passed by the learned Magistrate, the question of issuing Writ of Habeas Corpus 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 26-09-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Karkhana Police Station, Secunderabad. 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.19872 of 2008 26-09-2008 (Msr)