IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 28559 of 2008 Between: Nasreen Sultana, W/o. Md. Rafique, R/o. H.No. 18-8-416/A, Riyasathnagar, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Amberpet Police Station, Amberpet, Hyderabad. 2 The Commissioner of Police, Hyderabad City, Hyderabad. .....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 For the reasons stated in the "Telegram" dated 22-12-2008 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 husband herein viz., Md. Rafique, before this Hon'ble Court, who was illegally detained by the police of Amberpet Police Station, Hyderabad, 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 Respondent No.: THE ADVOCATE GENERAL The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION NO.28559 OF 2008 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) This is a taken up writ petition on the basis of telegram sent by the petitioner dated 22.12.2008 to the Hon’ble Chief Justice alleging illegal detention of husband of the petitioner namely, Md. Rafique by Amberpet Police, Hyderabad. In response to the notice, the Inspector of Police, Amberpet Police Station, Hyderabad, 1st respondent herein filed an affidavit stating that Kukatpally Police effected the arrest of the alleged detenu on 25.12.2008 in connection with Crime No.1337 of 2008 registered for the offence under Sections 420, 468 and 471 I.P.C. wherein he was arrayed as A.3. Subsequently, the alleged detenu was produced before the IX Metropolitan Magistrate, Miyapur, Cyberabad on 26.12.2008 and on the same date, the learned Magistrate remanded him to judicial custody and accordingly he was lodged at Central Prison, Cherlapally. It is stated that at the time of remand, the alleged detenu has not complained of any harassment or illegal detention as alleged in the telegram. Inasmuch as the alleged detenu was remanded to judicial custody by lawful orders in connection with Crime No.1337 of 2008, no credence can be given to the allegations made in the telegram. Accordingly, the writ petition is dismissed. No costs. _________________ (A. GOPAL REDDY, J.) _______________ (R. KANTHA RAO, J.) JANUARY 19, 2009 TSR