8IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE 21ST DAY OF NOVEMBER, TWO THOUSAND AND ELEVEN PRESENT HON'BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.13785 OF 2011 Between: V.Padmasri and another … Petitioners And The Government of A.P., rep. by the Director and others … Respondents This Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITON No.13785 of 2011 ORDER: (per the Hon’ble Sri Justice A.Gopal Reddy) Parents of Ms.Jahnavi Sai, aged 19 years, filed this writ petition for issuance of a writ of Habeas Corpus for her production and set her at liberty stating that the 7th respondent with the active connivance of the some of the staff members of the State Home has kidnapped the alleged detenue viz., Ms.Jahnavi Sai, on 27.04.2011 and she is in his illegal custody. The 7th respondent-party-in-person, filed a counter denying the averments made by the petitioners and stated that the alleged detenue attained majority and appeared before the I Additional Chief Metropolitan Magistrate, Vijayawada and stated that she has been in the molestation of one Satyanarayana and Kesava Reddy while she was in the rescue home and that she also filed a case, against which a crime was registered in F.I.R.No.162 of 2010 of Nuzvid Police station and the accused were remanded to the judicial custody. The Director of Women Development and Child Welfare Department, on behalf of the 1st respondent, filed a counter stating that the daughter of the petitioners has been admitted in the State Home, Hyderabad on 14.09.2010 as ordered by the I Additional Chief Metropolitan Magistrate, Vijayawada in its order, dated 09.09.2010 in Crl.M.P.No.5883 of 2010. The daughter of the petitioners filed W.P.No.23396 of 2010 and 12550 of 2011 to release her from the State Home, Hyderabad, which were dismissed by this court on 17.08.2011. The I Additional Chief Metropolitan Magistrate, passed an order directing the family counselor in the Family Court at Vijayawada to give necessary counseling to Ms.Jahnavi Sai regarding her studies, future and welfare. But she refused to join and reside with her parents. After hearing the Domestic Violence Case, the I Additional Chief Metropolitan Magistrate passed an order as follows: “After going through the entire context the court opines that she attained majority by July, 2010 her mind is not mature enough to note what is good and bad for her future and best interest of her future and career ordered the Director, WD & CW Department, Hyderabad to admit her in State Home, Yousufguda, Hyderabad, WD & CW Department for a period of one year.” It is further submitted that the alleged detenue also made a representation on 24.02.2010 to the Director, Women Development and Child Welfare, Hyderabad for her release from the Home. Meanwhile, she has escaped from the State Home on 27.04.2011 at around 07:30 PM and on the complaint lodged at S.R.Nagar Police Station, a case in crime No.284 of 2011 has been registered and the investigation is in progress. The letter addressed by Ms.Jahnavi Sai, the alleged detenue, dated 03.10.2011 to the Hon’ble Chief Justice has also been placed on file, wherein she disclosed that she is leading a family life with a person. If her parents accept the present situation she would join with them and lead her life or else she pleaded to leave her to her fate and requested not to trace her identity and whereabouts as the 7th respondent, who was involved in several cases, if let loose, he may be after her. Therefore, she wants to be in seclusion without disclosing her identity. Having regard to the plea taken by the alleged detenue, who is a major, and as she has not been illegally detained and is leading a marital life with a person of her choice, whose identity she does not want to disclose until her parents/petitioners herein accepts her marriage, issuance of a writ of Habeas Corpus interfering with the private rights of the alleged detenue, does not arise. Police after investigation into the crime, if files any report and produce the girl before the Magistrate, the same may be informed in advance to the parents of the girl i.e., the petitioners. The Writ Petition is, accordingly, dismissed. There shall be no order as to costs. ______________________ A. GOPAL REDDY, J ___________________ R. KANTHA RAO, J 21st November, 2011. lmv HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.13785 of 2011 21-11-2011 lmv