IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 8541 of 2009 Between: Md. Shafi, S/o. Khairath Pasha, R/o. 6-29, Chaitanya Colony, Amangal Village & Mandal, Mahaboobnagar District. ..... PETITIONER AND 1 The Station House Officer, L.B.Nagar P.S. Cyberabad. 2 Commissioner of Police, Cyberabad Commissionerate, Cyberabad. 3 Director General of Police, Andhra Pradesh, Hyderabad. .....RESPONDENTS 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 any writ, order or direction more particularly one in the nature of Writ of Habeas Corpus direct the respondents to produce the petitioner's wife Pogaku Chandrika, who was illegally detained by her parents in around LB Nagar Police Station, Cyberabad limits as she was last seen by the petitioner in LB Nagar Police Station in connection with a woman missing case before this Hon'ble Court Physically and set her at liberty in the interest of justice Counsel for the Petitioner:MR.MASTAN VALI SHAIK Counsel for the Respondent No.: THE ADVOCATE GENERAL THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.8541 of 2009 ORDER: (per Hon’ble Sri Justice Ghulam Mohammed) The petitioner filed this writ of habeas corpus for issuance of a direction to respondents 1 to 3 to produce his wife – Smt. Pogaku Chandrika, who was illegally detained by her parents. Petitioner alleges that the alleged detenu, resident of Nalgonda District, while prosecuting her studies at Amangal, Mahaboobnagar District, fell in love with him and got married on 27.02.2009 as per Hindu rites and customs at Sri Venkateswara Swami Temple, Miryalaguda. Thereafter, the relatives of the alleged detenu forcibly took her and detained in her parental house. Petitioner states that when he was causing enquiries about his wife, the L.B. Nagar Police through Amangal P.S. called upon him where the alleged detenu was also present and at their instance, the police behaved highhandedly and threatened him with dire consequences. A detailed counter affidavit is filed by the first respondent, wherein it is stated that a complaint was lodged by the fourth respondent on 21.02.2009 at about 1.30 PM complaining that the alleged detenu left the house stating that she is going outside to purchase books, but did not return and he suspected the petitioner, residing opposite to his mother-in-law’s house at Amangal village, Mahaboobnagar, as the alleged detenu used to visit there frequently. Basing on the same, a case in Cr.No.253 of 2009 was registered in the L.B.Nagar Police Station under the head ‘Woman Missing’. It is further stated that the missing woman was traced on 02.03.2009 in the house of the petitioner and the alleged detenu stated that the petitioner took her to the temple and forcibly garlanded her. The alleged detenu is produced before this Court. She states that she is living voluntarily with her parents and denies the marriage alleged to have been performed with the petitioner. Recording the statement of the alleged detenu, who is a major, that she is voluntarily living with her parents, the writ petition is closed. No order as to costs. __________________________ GHULAM MOHAMMED,J __________________________ VILAS V. AFZULPURKAR,J Dt:05-07-2009 usd