IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY 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. 12711 of 2008 Between: Ansar Ahmed Bilgrami, S/o. M.A.Bilgrami, R/o. H.No.3-5-121/B/1/162/A, Ramkoti, Street No.3, Hyderabad. ..... PETITIONER AND 1 The Commissioner of Police, Basheerbagh, Hyderabad. 2 The Deputy Commissioner of Police, Central Zone, CCS, Hyderabad. 3 The Assistant Commissioner of Police, Abids Division, Hyderabad 4 The Station Hose Officer, Narayanguda Police Station, Narayanguda, Hyderabad. 5 Mustafa Ali Khan, S/o. Mushraf Ali Khan, R/o. H.No.3-5-121/E/1/5, Eden Garden, Ramkoti, Hyderabad. 6 Mushraf Ali Khan, S/o. Mehmood Jung, R/o. H.No.3-5-121/E/5, Eden Garden, Ramkoti, Hyderabad, A.P., .....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 writ or order more particularly the writ of Habeas Corpus ordering for the immediate production and restoration of the abducted female Namely NADA BILGRAMI D/o. Ansar Ahmed Bilgrami to her Father/Petitioner considering the above stated facts and reasons in the interest of justice. Counsel for the Petitioner : MR.SYED AHMED ALI Counsel for the Respondent Nos.1 to 4 : THE ADVOCATE GENERAL Counsel for the respondent Nos.5 and 6 : ----- 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.12711 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent Nos.1 to 4. 2. The grievance of the petitioner in this writ petition is that his daughter viz., Nada Bilgrami, aged about 20 years, is found missing and the police are not tracing her and seeks production and restoration of his daughter to him. 3. In response to the notices issued by this Court, a counter affidavit has been filed by the fourth respondent-Inspector of Police, Narayanaguda Police Station, Hyderabad, stating inter alia that the alleged missing girl had married to her first cousin and has been staying with him and when the police have been harassing her, she approached the State Human Rights Commission, Hyderabad (for brevity “the Commission”) and upon perusal of the material placed before it, the Commission found that both the girl and her husband were majors. 4. It was categorically found by the Commission that regardless of the wish of their parents, the alleged missing girl and her husband have entered into marriage alliance as both were majors. It appears that the alleged missing girl was born on 30-01-1987 and her husband was born on 11-02-1982. In that view of the matter, the Commission, having been satisfied that they were majors, found that the girl had voluntarily and with free consent married Sri Mustafa Ali Khan, who is her husband, and hence nobody can interfere in their marital affairs. Consequently, the Commissioner of Police, Hyderabad, was directed to instruct the Circle Inspector of Police and the Station House Officer of Narayanaguda Police Station, not to interfere in the marital affairs of the alleged missing girl and her husband and also not to harass her. The said direction was given not only to the police, but also to the parents-in-law of the alleged missing girl. 5. It is also brought to the notice of this Court that during the course of enquiry conducted by the Commission and after the alleged missing girl was traced, a notice under Form-96 of Andhra Pradesh Public Manual Rules was issued to the petitioner. Therefore, the allegation that there is no information as regards the missing girl is also factually appears to be wrong. 6. In view of the above, we are of the view that this Court need not go into the issue once again. All the facts have already been enquired into by the Commission while passing the above said order. Therefore, no useful purpose would be served by going into the present writ petition any further. 7. Having regard to the facts stated in the counter affidavit, the question of illegal detention does not arise. There are no merits in the writ petition and the same is liable to be dismissed. 8. Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 07-07-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner of Police, Basheerbagh, Hyderabad. 2 The Deputy Commissioner of Police, Central Zone, CCS, Hyderabad. 3 The Assistant Commissioner of Police, Abids Division, Hyderabad 4 The Station Hose Officer, Narayanguda Police Station, Narayanguda, Hyderabad. 5. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 6. 2 CD copies. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.12711 of 2008 07-07-2008 (Msr)