IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY 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.14808 of 2008 Between: Marium Fathima D/o. Mustaq Ahmed Abbasi R/o. Flat No. 201, 11-4-643, Mount Rabia, A.C. Guards, Hyderabad. ..... PETITIONER AND 1 The Commissioner of Police, Hyderabad City Basheerbagh , Hyderabad. 2 Dr. Syed Suhail Ahmed S/o. Syed Jamal Ahmed Masab Tank, Hyderabad. 3 Syed Jamel Ahmed S/o. Not known to petitioner R/o. Flat No. 105, Cresent Towers Masab Tank, Hyderabad. 4 Nazima Rehana W/o. Syed Jamel Ahmed R/o. Flat No. 105, Cresent Towers Masab Tank, Hyderabad. 5 Akheela W/o. Syed Shakeel Ahmed R/o. A1, Fattan Plaza Dubai, U.A.E. P.O. Box (686) 6 Syed Shakeel S/o. Syed Jameel Ahmed System Analysist (Merctor) R/o. A1, Fattan Plaza Dubai, U.A.E. P.O. Box (686), Permanent R/o. Add: IE, 105 Crescent Towers, Masabtank, 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 issue a writ or order or direction more particularly one in the nature of writ of Habeas Corpus directing the respondents 2 to 6 to produce the petitioner's son Syed Salman Ahmed S/o. Syed Shakeel Ahmed before this Hon'ble Court and set him at liberty and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice. Counsel for the Petitioner : MRS.ANEES FATIMA Counsel for the Respondent No.1 : THE ADVOCATE GENERAL Counsel for the Respondent Nos.2 to 6 : ----- 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.14808 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent No.1. 2. This Writ of Habeas Corpus is filed by the petitioner seeking a direction to the unofficial respondent Nos.2 to 6 to produce her minor son viz., Syed Salman Ahmed, aged about 13 years, who was illegally taken away by the uncle of the boy, before this Court and set him at liberty. 3. It appears that there is an estrangement between the mother and father of the missing boy, who is in the custody of the petitioner-mother. On 24-03-2008 the paternal uncle of the missing boy had taken away the alleged detenu along with him and the petitioner-mother is under the impression that he would return the boy quite soon. But, that did not happen and the petitioner is not able to trace the boy. Hence, the present writ petition. 4. However, we are of the considered view that for everything filing of the Writ of Habeas Corpus may not be a panacea. As a matter of fact, the petitioner would have lodged a complaint before the police about the conduct of any person, particularly the uncle of the missing boy and in which case, the first respondent-police would have taken up investigation and find out the whereabouts of the missing boy. 5. Therefore, we feel it expedient to close the writ petition with a liberty to the petitioner to lodge a complaint before the police or approach the competent civil Court seeking appropriate relief for the custody of the missing boy. On such complaint being made, the police shall register the same and take necessary action in accordance with law. 6. With the above observations and direction, the writ petition is closed, at the stage of admission. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 28-07-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner of Police, Hyderabad City Basheerbagh, Hyderabad. 2. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 3. 2 CD copies. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.14808 of 2008 28-07-2008 (Msr)