IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY AND THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 24263 of 2008 Between: Mohammed Noor, R/o. 19-4-59/111/03, Hakeempet, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Narayanapet, Mahaboobnagar District. 2 The Superintendent of Police, Mahaboobnagar District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High 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 Md. Taqi, S/o. Md. Sikander Patel Saheb, before this Hon'ble Court, who was illegally detained by the police P.C. Yaseen, Venkatesh and S.I. Venkateswarlu, of P.S. Narayanapet of Mahaboobnagar District, and 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 Respondents: 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.24263 of 2008 ORDER: (Per the Hon’ble Sri Justice A.Gopal Reddy) This is a taken up writ petition on the basis of a telegram dated 29.10.2008 sent by the petitioner, who is the employer of the alleged detenu, for issuance of a writ of Habeas Corpus directing the respondents to produce Md.Taqu, who is the alleged detenu. It is alleged by the petitioner that Police Constable-Yaseen Venkatesh and the Sub Inspector-Venkateswarlu of Narayanapet of Mahaboobnagar District, with the assistance of Raghavendra, the Sub- Inspector of police of Humayun Nagar and his constable, have illegally detained the said Md.Taqu, in Narayanpet P.S. on the bias of the brother of Taher A Begum, who is the divorcee of the alleged detenu. An affidavit is filed by the Sub-Inspector of Police, Narayanapet Police station, along with the First Information Report in Crime No.110 of 2008 on the file of P.S. Narayanapet, Mahabubnagar District, which disclose that on the basis of the complaint lodged by the wife of the alleged detenu, the police registered a case in Crime No.110 of 2008 for the offences under Sections 498-A, 323, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act against the alleged detenu and in connection with the said crime, the alleged detenu was arrested on 29.10.2008. Subsequently, on 30.10.2008, the alleged detenu was produced before the Judicial Magistrate of First Class, Narayanpet for his remand, who remanded him to judicial custody, and that by virtue of the said remand order of the learned Magistrate dated 30.10.2008, the alleged detenu is lodged at District Jail, Mahaboobnagar. It is further stated that the entire investigation is completed and the charge sheet is also filed before the Court. In that view of the matter, the allegations made by the petitioner appear to be false and filing of the writ petition for Habeas Corpus is nothing but abuse of process of law and the same is accordingly dismissed. _________________ A.GOPAL REDDY,J ________________ R.KANTHA RAO,J 20.11.2008 v v