IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.CHANDRA KUMAR WRIT PETITION NO : 1369 of 2009 Between: Zakeera Banu, W/o. Syed Ghouse, 19-4-281/A/16/1, Sanjay Gandhinagar, N.S. Kunta, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Falaknuma, Hyderabad. 2 The Superintendent of Police, Falaknuma, Hyderabad District. 3 The Commissioner of Police, Basheerbagh, Hyderabad. .....RESPONDENTS 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 27-01- 2009 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 sons namely Syed Shareef and Syed Hameed, S/o. Syed Ghouse, taken by Falaknuma Police on 23/01/2009 before this Hon'ble Court, 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 : ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) This is a taken up writ petition for issuance of Writ of Habeas Corpus on the basis of the telegram dated 27.01.2009 sent by the petitioner alleging that her sons, namely, Syed Shareef and Syed Hameed were taken into custody by the Falaknuma Police on 23.01.2009, and she is apprehending danger to her sons’ life. In response to the notice, the Inspector of Police, Falaknuma Police Station, Hyderabad, the first respondent herein, filed counter affidavit stating that the alleged detenus are accused Nos.1 and 2 in Crime No.18 of 2009 of Falaknuma Police Station registered for the offences punishable under Section 302 r/w Section 34 IPC. In connection with the said offence the alleged detenus were arrested on 30.01.2009 at H.No.19-2-610/2/A, II Floor, Fateh Darwaza, Hyderabad by following due procedure, and were produced before the Chief Metropolitan Magistrate, Nampally, Hyderabad on 31.01.2009. On such production, the learned Magistrate remanded them to judicial custody, and now they were lodged at Central Prison, Chenchalguda, Hyderabad. The copies of F.I.R., confession-cum-seizure panchanama and remand report in Crime No.18 of 2009 filed along with the counter affidavit also disclose the fact of arrest of the alleged detenus in connection with the said crime by obtaining lawful orders. Since the alleged detenus have arrested in connection with the Crime No.18 of 2009 and were produced before the learned Magistrate, who remanded them to judicial custody, we do not see any merit in the contents of the telegram that the alleged detenus were illegally detained by the police. Accordingly the writ petition is dismissed. ___________________ (A.GOPAL REDDY, J.) ____________________ (B. CHANDRA KUMAR, J.) 16th February, 2009 Js.