IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUST 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.15971 of 2008 Between: Kallam Peda Rami Reddy S/o Radha Krishna Reddy R/o Munnangi Village, Kollipora Mandal, Guntur District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep by Prl.Secretary, Home Dept, Secretariat, Hyderabad. 2 The Superintendent of Police, Guntur District, at Guntur. 3 The D.S.P., Tenali at Tenali, Guntur District. 4 The Circle Inspector of Police Tenali Circle, at Tenali, Guntur District. 5 The Sub-Inspector of Police Tenali Circle, at Tenali, Guntur District. 6 Bommu Chandra Sekhar Reddy S/o Sanjiva Reddy R/o Munnangi villge, Kollipora Mandal, Guntur District. 7 Bommu Mohan Reddy S/o Sanjiva Reddy R/oMunnangi Village, Kollipora Mandal, Guntur 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 by declaring the in action of the respondent No. 4 & 5 in not trace out the detenue namely kallam Sathy Sindura, aged about 20 years studying B.Sc. Final Year in Sai Degree College, Tenali, Guntur District from the hands of the respondent No. 6 & 7, as illegal, arbitrary and against the principles of natural justice and vioaltive of Article 14, 19 and 21 of the Constitution of India, consequently, direct the respondents to produce the detenue namely kallam Sathy Sindura, aged about 20 yrs, Studying B.Sc final year in Sai Degree College, Tenali, Guntur District before this Hon'ble Court and set her liberty from the hands of the respondent No. 6 &7 forthwith. Counsel for the Petitioner : MR.CHALLA SRINIVASA REDDY Counsel for the Respondent Nos.1 to 5 : THE ADVOCATE GENERAL 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.15971 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 Nos.1 to 5. 2. This Writ of Habeas Corpus is filed by the petitioner alleging that his daughter viz., Kallam Sathya Sindura, aged about 20 years, studying B.Sc. Final Year in Sai Degree College, Tenali, Guntur, was illegally taken away by the sixth respondent and seeks production of the alleged detenu before this Court and set her at liberty. It appears, a complaint had been lodged before the fifth respondent police and the same was registered as Crime No.69 of 2008 for the offence under Section 363 I.P.C., and investigation was initiated. 3. A counter affidavit has been filed by the Sub-Inspector of Police, I Town Police Station, Tenali, Guntur District, representing the fifth respondent herein, stating that during the course of investigation it was revealed that the brother (respondent No.7 herein) of the alleged accused came to the Police Station and informed the investigating officer that the alleged detenu is none other than their first cousin and that the alleged detenu and his brother, who is respondent No.6 herein, are majors and they were in love with each other and as the parents of the alleged detenu opposed their marriage, they left Tenali and got married at Siva Sakthi Alayam, Vadapalani, Chennai, on 11-07-2008. He also handed over the photographs and the marriage certificate sent by his brother, which are filed herewith. 4. From the above, it is obvious that the alleged detenu had voluntarily went away along with the sixth respondent with whom she is in love and also married at Chennai against the will of her parents. 5. Admittedly, the alleged detenu is a major. Therefore, we are of the opinion that this Court cannot interfere with the liberty of the alleged detenu and she is at liberty to live anywhere and move freely according to her will and wish. 6. In view of the said facts and for the foregoing, prima-facie, we do not find any illegal detention by any of the respondents and hence the writ petition is liable to the dismissed. 7. Accordingly, the writ petition is dismissed, at the stage of admission. There shall be no order as to costs. 8. However, it is made clear that the petitioner is always at liberty to pursue his remedies, if any, elsewhere, in accordance with law. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 22-08-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Prl.Secretary to Government, Home Department, Government of A.P., Secretariat, Hyderabad. 2 The Superintendent of Police, Guntur District, at Guntur. 3 The D.S.P., Tenali at Tenali, Guntur District. 4 The Circle Inspector of Police Tenali Circle, at Tenali, Guntur District. 5 The Sub-Inspector of Police Tenali Circle, at Tenali, Guntur District. 6. Two CCs to the Advocate General, Government of A.P., High Court Buildings, Hyderabad. (OUT). 7. Two C.D. copies. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.15971 of 2008 22-08-2008 (Msr)