THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.26899 of 2009 Date: 08.02.2010 Between : G. Bhanu Prasad … Petitioner and The Government of Andhra Pradesh, Rep.by its Principal Secretary, Home Department, Secretariat, Hyderabad and others. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.26899 of 2009 ORAL ORDER: (per the Hon’ble Sri Justice Nooty Ramamohana Rao) This writ petition has been instituted by one Sri G.Bhanu Prasad, a practicing Lawyer, seeking the following relief: “…..to issue a Writ, order, or direction more particularly onein the nature of Writ of Habeas Corpus directing the first, second, third respondents to produce my minor son Deepak Chowdary before this Hon’ble Court and to issue appropriate directions to fourth respondent to provide all appropriate necessary and requisite help to assist in the recovery of Deepak Chowdary, and consequently direct the first, second, third respondents to initiate appropriate bind over proceedings against Cherukuri Chalapathi, s/o. Cherukuri Venkaiah aged about 50 years, Occ: Rowdy Sheeter, R/o. Brahmanapalli Agraharam, Wyra (Village & Mandal), Khammam District to ensure safety of my son and be pleased to pass such other relief or reliefs.….” 2. Pursuant to our directions issued on 1.2.2010, the Station House Officer, Wyra Police Station in Khammam District, has caused production of the 4th respondent herein as well as minor son of the writ petitioner and the 4th respondent Master Deepak Chowdary, aged about 5 years, before us. 3. We have interacted with the writ petitioner, 4th respondent and most importantly their son-Master Deepak Chowdary. The 4th respondent is apparently prosecuting her studies of Graduation. She informed that their son Deepak Chowdary was attending a local school and presently studying U.K.G. We are refraining ourselves from further recording the contents of our conversation and the answers furnished by the 4th respondent as well as Master Deepak Chowdary, for we felt it might come in the way of the parties from working out their remedies in accordance with law, elsewhere. 4. However, we are satisfied that the 4th respondent, being a natural mother and also guardian, is taking adequate care of the child and he is attending the school regularly. The child appears to be fairly intelligent and articulate enough and he has also expressed his views and keenness to continue to stay with his mother as on today. 5. In this view of the matter and in the best interest of the writ petitioner, 4th respondent and their minor son-Master Deepak Chowdary, we consider it appropriate to leave it open to the parties to workout their remedies in any other Court, instead of entertaining this Writ of Habeas Corpus, inasmuch as the son of the writ petitioner cannot be said to have been illegally detained by the 4th respondent and he shall be allowed to continue in the care and custody of the mother-4th respondent herein. 6. Accordingly, leaving all the issues open to the parties, we dismiss the writ petition, at the stage of admission. But however, without costs. _________________________ JUSTICE D.S.R. VARMA _____________________________________ JUSTICE NOOTY RAMAMOHANA RAO 08.02.2010. Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.26899 of 2009 08.02.2010 (Msr)