IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF NOVEMBER 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.23084 of 2008 Between: Azeeza Bee, W/o. Shaik Ahmed, R/o. 10-6-319/83, Ahmednagar, Masab Tank, Hyderabad 500 028. ..... PETITIONER AND 1 The Station House Officer, Kushaiguda, Cyberabad, Hyderabad. 2 The Commissioner of Police, Cyberabad, Hyderabad. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 20-10-2008 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 son and son-in-law Viz Kareemuddin and Zakir Hussain before this Hon'ble Court, who were illegally detained by the Police of Kushaiguda on 05-10-08 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.23084 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice K.C.Bhanu) 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 20-10-2008, wherein it is alleged that the petitioner’s son and son-in-law viz., Kareemuddin and Zakir Hussain, respectively, were illegally detained on 05-10-2008 by the Police of Kushaiguda Police Station, Cyberabad, that she is apprehending danger to their lives and set them at liberty, forthwith. 3. A counter aﬃdavit has been ﬁled by the Inspector of Police, Kushaiguda Police Station, Cyberabad, representing the ﬁrst respondent herein, stating that the alleged detenus are Accused Nos.7 and 4 in Crime No.612 of 2008 for the oﬀence punishable under Sections 364(A), 324, 120(B) I.P.C. and 25 (1) (a) of Arms Act read with Section 34 I.P.C., of Kushaiguda Police Station, Cyberabad, which was registered on 20-09-2008 basing on a complaint given by one Rajesh Agarwal, resident of Mahendra Hills, Secunderabad. In connection with the above said crime, the alleged detenus were arrested on 20-10-2008 and produced before the X Metropolitan Magistrate, Cyberabad, Malkajgiri, who inturn, remanded them to judicial custody. Pursuant to the remand order, dated 21-10-2008, of the learned Magistrate, the alleged detenus are now lodged at Central Prison, Cherlapally. 4. In view of the facts stated in the counter aﬃdavit, since the detention of the alleged detenus is in pursuance of the judicial order, the question of illegal detention 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 07-11-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Kushaiguda, Cyberabad, Hyderabad. 2 The Commissioner of Police, Cyberabad, 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.23084 of 2008 07-11-2008 (Msr)