THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE K.G. SHANKAR TAKEN UP WRIT PETITION No.27121 of 2010 Date: 16.11.2010 Between : Smt. Masroor Naaz … Petitioner and The Station House Officer, Task Force Central Zone, Hyderabad and another. … Respondents THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE K.G. SHANKAR TAKEN UP WRIT PETITION No.27121 of 2010 ORAL ORDER : (per the Hon’ble Sri Justice V. Eswaraiah) This Writ of Habeas Corpus is taken up on a telegram, dated 08.10.2010, issued by the petitioner alleging that her husband viz., Syed Haji Ahmed @ Haji was illegally detained since 6.10.2010 by the police of Task Force, Central Zone, Hyderabad and that she is apprehending danger to his life and set him at liberty. 2. The learned Advocate General took instructions and filed counter affidavit of the 1st respondent. 3. The counter affidavit filed by the 1st respondent-Inspector of Police, Task Force, Central Zone, Hyderabad, reveals that with regard to the death of one Pavan Kumar Jain, whose body was found in floating water, Crime No.632 of 2009 of Rajendranagar Police Station, Cyberabad, was registered for the offence under Section 174 Cr.P.C., wherein the alleged detenu is arrayed as Accused No.1, under the impression that the deceased had committed suicide by drowning into Himayathsagar lake. Thereafter, one Shaik Khadir (extra judicial confession witness) informed the police of Rajendranagar Police Station that the alleged detenu confessed before him that he murdered the deceased Pavan Kumar Jain at the instigation of the brother of the deceased Surender Kumar Jain, who is arrayed as Accused No.2, on 8.6.2010. Basing on the said statement, the police altered the section of law from Section 174 Cr.P.C. to Sections 302 and 107 I.P.C., and took up investigation. In connection with the above said crime, the alleged detenu was arrested on 14.10.2010 and produced before the VIII Metropolitan Magistrate, Cyberabad at Rajendranagar, on the same day, who inturn remanded the alleged detenu to judicial custody. Pursuant to the said remand order of the learned Magistrate, the alleged detenu is presently lodged at Central Prison, Cherlapally, Ranga Reddy District. 4. Therefore, since the custody of the alleged detenu is in accordance with law, it cannot be said that he was illegally detained and the question of issuing Writ of Habeas Corpus does not arise. 5. Accordingly, the writ petition is dismissed, at the stage of admission. There shall be no order as to costs. __________________________ JUSTICE V. ESWARAIAH __________________________ JUSTICE K.G. SHANKAR 16.11.2010. Msr THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE K.G. SHANKAR TAKEN UP WRIT PETITION No.27121 of 2010 16.11.2010 (Msr)