IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 29203 of 2008 Between: Geddam Nageshwara Rao, S/o. Apparao, R/o. Arthumru Village, Mandapeta Mandal, East Godavari District. ..... PETITIONER AND 1 The state of A.P., Rep by its Principal Secretary Department of Home, Secretariat Buildings, Hyderabad. 2 The Superintendent of Police, East Godavari District. Kakinada. 3 The Circle Inspector of Police, Mandapet, East Godavari District. 4 The Sub-Inspector of Police, Mandapet Rural Police Station, East Godavari District. .....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, order or direction more particularly one in the nature of Writ of Habeas Corpus against the Respondents directing them to produce my wife by name Geddam Baby and my two children namely Baby Amulya 14 years and Master Ajay aged 11 years before this Hon'ble Court. Counsel for the Petitioner: MR.A.K.KISHORE REDDY Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following: Oral Order: (Per Hon’ble Sri Justice A.Gopal Reddy) Petitioner, who is the husband of the alleged detenue—Geddam Baby, filed this writ petition alleging that from 26-11-2008 his wife along with two children, namely Baby Amulya aged 14 years and Master Ajay aged 11 years are missing, his enquiries with relatives proved futile and he came to know one Mr.Tiragadi Vaikuntam @ Shiva eloped his wife along with children and since then their whereabouts are known. He gave a detailed compliant on 28-11-2008 to the 4th respondent, but so far no action has been taken by the police. Therefore, the respondents may be directed to produce his wife and two children. The 4th respondent filed a counter stating that on 08-12-2008 the petitioner approached the Mandapeta police station stating that he worked with Vaikuntam as partner. As there were disputes, he left the company of the said Vaikuntam; further, in the written complaint he stated that on 24-11-2008 at 5 P.M., the said Vaikuntam had taken away his wife—Geddam Baby along with his son; since then she is not residing with him or her parents and requested the police to enquire into the matter. On receipt of the above compliant, he called the alleged detenue No.1 on the very next day to the police station, but she did not turn up. The petitioner again visited the station on 20-12-2008 and insisted to call his wife and conduct counselling. He again called the alleged detenue. Accordingly she came to the police station on 21-12-2008. On examining her, she stated that out of wedlock two children were born to her. Since her husband suspecting her fidelity, as she is having illicit intimacy with Vaikuntam, she informed the same to her parents. As the petitioner continued to harass her both mentally and physically, she left his company and started to live with her sister at Arikarevula village. Her statement was reduced in writing. While so, the petitioner got issued a legal notice dated 12-12-2008 through his counsel to the Superintendent of Police, East Godavari; Sub-Divisional Police Officer, Ramachandrapuram; Circle Inspector of Police, Mandapeta; Sub- Inspector of Police, Rural Mandapeta Police Station, East Godavari District apart from sending to Principal Secretary to Home Department, Govt. of Andhra Pradesh and Hon’ble Home Minster stating that on 26-12-2008 his wife and son were taken away by one Vaikuntam @ Shiva and now they are residing with him. On the compliant lodged by the alleged detenue a case in Cr.No.13 of 2009 under Section 498A IPC was registered by the Mandapeta Rural police station and the same is under investigation. The compliant lodged by the alleged detenue against the petitioner for the offence under Section 498A IPC also shows that she has not been illegally detained, but unable to bear the harassment of the petitioner she left his company and staying with her sister. In view of the same, the writ petition filed by the petitioner for issuance of Habeas Corpus is misconceived and it is accordingly dismissed. _______________ A.GOPAL REDDY, J. ______________ R.KANTHA RAO,J. 28-01-2009 Murthy ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The State of A.P., Rep by its Principal Secretary Department of Home, Secretariat Buildings, Hyderabad. 2 The Superintendent of Police, East Godavari District. Kakinada. 3 The Circle Inspector of Police, Mandapet, East Godavari District. 4 The Sub-Inspector of Police, Mandapet Rural Police Station, East Godavari District. 5. Two CD copies.