THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION NO. 9585 of 2010 DATED: 12.05.2010 BETWEEN Manda Devid Raju …….. petitioner VS. 1. The Station House Officer, Ongole I Town Police Station and four others ……..respondents ORDER: (per the Hon’ble Sri Justice V.Eswaraiah) On a letter dated 22.4.2010 addressed by the petitioner to the Hon’ble the Chief Justice, this Writ Petition has been taken up. The petitioner is challenging the illegal detention of the detenus viz., M. Prasanna Kumar, W/o Devid Raju, and A. Francis W/o Visweswar Rao by the first respondent-Station House Officer, Ongole I Town Police Station. A counter affidavit has been filed stating that on 11.4.2010 at 17.00 hours one person by name Nallamothu Srinivasa Rao lodged a complaint with I Town Police Station, Ongole stating that his daughter namely Sada Sruthi is studying B.Tech (ECE) in SSN College , Pernamitta, Ongole. Basing on the same, a case in Crime No. 85 of 2010 under Section 365 IPC was registered and investigation is taken up. As the College authorities and Hostel authorities stated that the daughter of the complainant is in love with Vimal Kumar and they might have gone somewhere, on 14.4.2010 the Investigation Officer visited the house of the Vimal Kumar situated at Piduguralla and examined his mother. She stated that his son is studying B.Tech II year in SSN College, Pernamitta, Ongole and she received a call on 8.4.2010 from one Jayanthi stating that Vimal Kumar and Sada Sruthi are found missing and her husband making efforts to trace their son. Thereafter, it seems the said Vimal Kumar and Sada Sruthi approached the A.P State Human Rights Commission, Hyderabad and as per the direction of Chairman, Human Rights Commission, Hyderabad they approached the Superintendent of Police , Guntur for giving them protection. In turn as per the directions of the Superintendent of Police, Guntur the police of Piduguralla produced them on 24.4.2010 and on examination they stated that they were in love with each other and got married at Venkateswaraswamy Temple, Sattenapplli on 15.4.2010 on their own will and also stated that they are majors and in proof thereof they produced their date of birth certificates and marriage certificate issued by the temple authorities. It is also stated that after recording their statements by the Police, they were produced before the Mandal Executive Magistrate, Ongole wherein they stated the above said facts and basing on their statements, the steps are being taken to close the case ‘as action dropped’. In view of the averments made in the counter affidavit, that the alleged detenus were not at all arrested and they are moving freely, the writ petition is not maintainable and the same is accordingly dismissed. ________________ V.ESWARAIAH, J ________________ NOUSHAD ALI, J Date: 12-05-2010 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies