IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH AND THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION No. 26584 OF 2010 Between: Bojju Yakaiah @ Ashok ..... Petitioner AND The Director General and Inspector General of Police, Lakdi-ka-pul, Hyderabad, and others .....Respondents The Court made the following : ORAL ORDER: (per THE HON’BLE SRI JUSTICE V.ESWARAIAH) The petitioner seeks to issue writ of habeas corpus directing the police to produce the corpus of the alleged detenu by name K.Durga, who is said to have been married to the petitioner and who is said to be in illegal custody of the fourth respondent, mother of the alleged detenu. It is stated that earlier the fourth respondent who is mother of the alleged detenu filed W.P. No. 211 of 2010 on the file of this Court to issue a writ of habeas corpus directing the police authorities to produce her daughter namely K.Durga, who is said to be a minor, aged about 16 years before the court. The relationship of the alleged detenu with the fourth respondent is not in disputes, as the fourth respondent is mother of the alleged detenu. It is also stated that the alleged detenu is not a minor but she is a major, aged 19 years. But as there was no proof of age, no finding was recorded by this court earlier in the said writ petition. The petitioner herein contended that he married the alleged detenu, but no proof whatsoever had been pressed into service. It is also recorded that the first wife of the petitioner herein was also present before this court and stated that she is not able to control the petitioner herein and the petitioner is meeting with the alleged detenu. Therefore, this court was unable to arrive at any conclusion with regard to the age of the alleged detenu, but on examination, this court was able to assess that she had attained the absolute age of discretion and has all the wisdom that is expected to be possessed by a prudent lady. Accordingly, she was set at liberty and permitted her to take decision of her own as suits her. With the said observations, the writ petition was disposed of at the stage of admission by order dated 30.03.2010. It is stated that after disposal of the writ petition on 30.03.2010, the petitioner was leading marital life with the alleged detenu and while so, on 27.04.2010, when he went out on duty, the fourth respondent along with her husband Srinivasa Rao and their henchmen entered into the house of the petitioner and threatened with dire consequences and forcibly taken away the alleged detenu. Therefore, immediately, he has filed a written report on 27.04.2010 before Kukatpally Police Station, but they did not take any action. If the said action of the fourth respondent and her husband constitutes a criminal act and if any complaint has been filed, it is for the petitioner to pursue the same in accordance with law. But the petitioner has not chosen to file copy of the said complaint said to have been lodged before the Police, Kukatpally. If any cognizable offence has been committed either by the fourth respondent or by others, it is for the police to take action and in the event of the police not taking any action, the petitioner is not remediless, as he can as well file a private complaint before the jurisdictional Magistrate. As per the earlier order, the alleged detenu was set free and given liberty to take decision of her own in accordance with law and as the marriage of the petitioner with the alleged detenu is not established and admittedly the petitioner was already married and having first wife, therefore, the legality of the relationship of the petitioner with the alleged detenu is also not established. We do not see any merit warranting issuance of writ of habeas corpus, as sought for by the petitioner. Consequently the writ petition is dismissed at the admission stage. No order as to costs. ________________ Justice V.Eswaraiah ___________________________ Justice Samudrala Govindarajulu November 8, 2010 MAS