HON’BLE SRI JUSTICE V. ESWARAIAH AND HON’BLE SRI JUSTICE V. SURI APPA RAO W.P. No. 1193 of 2011 DATED:07.03.2011 Between: I. Edward Christopher .. Petitioner And The Superintendent of Police and either others .. Respondents O R D E R:- (Per Hon’ble Sri Justice V.Eswaraiah) The petitioner, who is working as Executive in Deccan Chronicle Daily, Kurnool, asserts that he has two children - M.J. Stanley, who is aged about 13 years and studying IX Class in Sri Lakshmi School and a daughter, I. Blessy Angilena, the alleged detenue, who is aged about 11 years and studying VI Class in Ravindra Girls High School, Kurnool. While so, it is stated that his wife passed away on 21.09.2010 in a road accident, and when he was in deep sorrow on account the death of his wife, on 11.10.2010, respondent Nos.6 and 9, who are his brothers-in- law, took his two children along with them with a promise to send them back, but after a few days, they sent only his son and retained his daughter, and even they are not allowing his daughter to attend school. He further states that on 27.10.2010, the 9th and 7th respondents threatened and demanded him to handover the books and dresses of the alleged detenue. Then, the petitioner made complaints on 28.10.2010 and 18.11.2010 to the 1st respondent, and subsequently, his complaints were also forwarded to respondent Nos. 2 and 3, but the official respondents, under the influence of respondent Nos.5 to 9 advised the petitioner to retain his daughter with respondent Nos.5 to 9. Now, it is the grievance of the petitioner that though a case has been registered against the unofficial respondents, respondent Nos.1 to 4 have neither produced his daughter nor took any action against respondent Nos.5 to 9. Hence, the petitioner has filed the present writ petition seeking a writ of Habeas Corpus to direct the unofficial respondents to produce his daughter and handover her to him. The 4th respondent-Station House Officer has filed counter denying the averments made in the affidavit filed in support of the writ petition. We have recorded the statement of the petitioner and examined the detenue. She was admittedly studying in Ravindra Public School for Girls, in Kurnool. The girl says that she is presently studying 6th class at Ravindra Vidya Niketan, Kadapa and prior to that she used to study in Kurnool. She also says that she has not given her statement voluntarily before the police. The learned counsel for the petitioner submits that after this writ petition is filed, the police curiously registered a case in Cr.No.32 of 2011 of IV Town Police Station, Kurnool under Sections 344 and 506 read with Section 34 IPC based on the information received by the Advocate General, and instead of producing the detenue before this Court, they produced her before the Judicial First Class Magistrate, Prohibition and Excise, Kurnool and recorded her statement under Section 164 Cr.P.C. Having regard to the above submission, we are of the opinion that the procedure adopted by the police is curious and unwarranted. When a writ petition is filed before this Court seeking a writ of habeas corpus, the police need not register a case and record the statement of the detenue before the learned Magistrate. Hence, the police are directed not to pursue the matter with regard to her statement and shall not interfere with her life and liberty in any way. Moreover, as we have examined the petitioner and the detenue and are satisfied that the father of the detenue alone can take care of the welfare and best interest of the girl, we hereby order custody of the girl to the petitioner, who is at liberty to take her. Accordingly, this writ petition is disposed of. No order as to costs. ________________ V. ESWARAIAH, J 07.03.2011 __________________ V. SURI APPA RAO, J bcj