IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF OCTOBER 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 : 22138 of 2008 Between: Susheela, W/o. Subbaiah, Survey No.62, Masthan Nagar, Guttala Begumpet, Road No. 45, Jubilee Hills, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Madhapur, Ranga Reddy District. 2 The Commissioner of Police, 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 "Fax Message" dated 29-09-2008 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 namely Subbaiah, before this Hon'ble Court, who is illegally detained by the Sub-Inspector of Police, Madhapur and continuously torturing him with 3rd degree methods without providing him timely food and medicines hence 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 : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU Writ Petition No.22138 of 2008 Oral Order: (per D.S.R.Varma, J.) Heard the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondents 1 and 2. 2. The fax message, dated 20-9-2008, is the basis for this writ petition being taken up by this Court for hearing. One Ms. Susheela sent the fax message alleging that her husband, by name Subbaiah, was illegally detained by the Sub Inspector of Police, Madhapur Police Station and was being subjected to third degree methods and all kinds of ill- treatment. Hence, seeks interference by this Court by issuing a writ of habeas corpus. 3. On the other hand, respondent No.1, who is the Inspector of Police, Madhapur Police Station, Cyberabad, ﬁled a counter-aﬃdavit brings to the notice of the Court that the alleged detenu was arrayed as accused No.2 in Crime No.526 of 2008 of Madhapur Police Station for the oﬀences punishable under Sections 447, 427 and 506 I.P.C. The crime was registered on 16-9-2008 basing on the complaint given by one T.N.Ramani, resident of Basheerbagh, Hyderabad. In that connection, the alleged detenu was arrested on 22-9-2008. Subsequently, on 23-9- 2008 he was produced before the IX Metropolitan Magistrate, Kukatpally at Miyapur with the charge-sheet for remand, upon which the Magistrate ordered remand of the alleged detenu to the judicial custody. However, he was enlarged on regular bail on the same day on 23-9- 2008. It further appears that no ill-treatment, as alleged by the petitioner, was complained by the alleged detenu before the Magistrate. 4. Therefore, there is absolutely no truth in the fax message addressed to this Court by the wife of the alleged detenu. 5. In the result, the writ petition is dismissed, at the stage of admission. ___________________ JUSTICE D.S.R.VARMA ___________________ JUSTICE K.C.BHANU 20th October, 2008. Ak ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MJ}