IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.25482 of 2008 Between: Shaheen Begum, W/o. Shaik Abdul Razzak, R/o. 18-9-9/11/A/3 Chandrayan Gutta, Hyderabad. ..... PETITIONER AND Station House Officer, Rajendra Nagar, Police Station, Ranga Reddy District. .....RESPONDENT 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 issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Habeas Corpus, directing the respondent herein to produce the petitioner's husband Shaik Abdul Razzak, aged about 30 years, who is presently in the illegal detention of respondent before this Hon'ble Court and hand over to the petitioner, and to pass Counsel for the Petitioner: MR.M.LAYEEQ KHAN Counsel for the Respondent: THE ADVOCATE GENERAL The Court made the following : THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.25482 of 2008 ORDER (Per the Hon’ble Sri Justice A.Gopal Reddy): When the matter was taken up for hearing on 27.11.2008 none appeared for the petitioner. Hence, the matter was directed to be listed today under the caption for dismissal. Even today, when the matter is called none appears for the petitioner. Heard the learned Government Pleader representing the learned Advocate General. The petitioner, who is the wife of Shaik Abdul Razzak, the alleged detenu filed this writ petition for a writ of Habeas Corpus complaining that her husband is in illegal custody of the respondent since 13.11.2008 and she is apprehending danger to his life. The respondent- the Inspector of Police, Rajendra Nagar Police Station filed a counter-affidavit stating that on 22.11.2008, on receiving credible information that three persons, who are accused in Crime No.185 of 1999 registered for the offence punishable under Section 302 I.P.C., are assembling with lethal weapons at Royal Sea Hotel, Bandlaguda Main Road, Chandrayanagutta, Hyderabad for committing some serious offence, the Inspector of Police, North Zone, Task Force, Hyderabad proceeded to the said Hotel along with his team and apprehended the said three persons namely Abdul Razzak, who is the alleged detenu (A.1), Shaik Moulana (A.2) and Syed Rizwan (A.3). In their confession statements all the three accused confessed that in the month of April, 1999 they have committed murder of one Moiz at Jillelaguda, Sastripuram Hillock area for teasing the sister of the alleged detenu. On enquiry, it has come to light that in the month of April, 1999 a mysterious murder case was registered at the limits of Rajendranagar Police Station and the same was closed as ‘undetected’. Based on the report of the Inspector of Police, North Zone, Task Force, Hyderabad, the Police of Chandrayanagutta Police Station registered a case in Crime No.346 of 2008 under Section 25(i) (a) of the Arms Act and effected their arrest. After completion of formalities, they were produced before the Chief Metropolitan Magistrate, Hyderabad on 23.11.2008 and on such production, the learned Magistrate remanded them to judicial custody. In the circumstances, the allegation in the telegram is obviously incorrect and the writ petition is accordingly dismissed. A.GOPAL REDDY, J R. KANTHA RAO, J Date: 01.12.2008 va