THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.23366 of 2009 Date: 17.11.2009 Between : Smt. Rafathunnisa Begum … Petitioner And The Government of Andhra Pradesh, Rep.by its Principal Secretary, Home Department, Secretariat Buildings, Hyderabad and others. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.23366 of 2009 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 Nos.1 to 4. 2. This Writ of Habeas Corpus is filed by the petitioner seeking a direction to the respondents to produce her daughter viz., Ms. Asifa Zaineb, D/o. Syed Akber, aged about 22 years, before this Court. 3. It is the case of the petitioner that her daughter, by name Ms. Asifa Zaineb, was missing since 27.10.2009 and she is suspecting the 5th respondent in kidnapping her daughter. Consequently, she lodged a complaint on 28.10.2009 before the Sub-Inspector of Police, Mahankali Police Station, Secunderabad, and the same has been registered as Crime No.303 of 2009 under the head “Woman Missing”. Since no action has been taken by the 4th respondent against the 5th respondent, she filed the present writ petition seeking production of the alleged detenu before this Court. 4. A counter affidavit has been filed by the Sub-Inspector of Police, Mahankali Police station, Secunderabad, representing the 4th respondent herein, giving an account of the events that have taken place pursuant to the registration of Crime No.303 of 2009 on 28.10.2009 under the head “Woman Missing”. It is stated that during the course of investigation, it was found that the alleged detenu had married to 5th respondent and pursuant to the complaint made by the parents of the alleged detenu, she along with the 5th respondent appeared before the Station House Officer, Mahankali Police Station on 31.10.2009 and stated that being a major she left the house voluntarily and married to 5th respondent on 16.8.2009 as per Muslim custom and has been living with him. After recording the statement of the alleged detenu, the police made an application before the X Additional Chief Metropolitan Magistrate, Secunderabad, to record the statement of the alleged detenu under Section 164 Cr.P.C. and the same is pending. 5. At that point of time, when the matter came up for hearing, this Court directed the alleged detenu to be produced before this Court in order to know the truth or otherwise of the averments made in the writ petition. Accordingly, the alleged denenu, namely Ms. Asifa Zaineb is produced before this Court today. 6. In camera proceedings have been conducted in the chambers during which the alleged detenu had stated that she voluntarily left the house and married to 5th respondent on her own volition and leading a happy marital life with him and she is not at all interested to leave the association of 5th respondent. 7. Admittedly, the alleged detenu is a major and she has every liberty to live wherever she wants as per her will and wish and this Court cannot compel her to live at a particular place. 8. In view of the said facts, we do not find any reason to continue the writ petition any further and the same is liable to be dismissed. 9. Accordingly, the writ petition is dismissed, at the stage of admission. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE R.KANTHA RAO 17.11.2009 Msr. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.23366 of 2009 17.11.2009 (Msr)