IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELVETH DAY OF SEPTEMBER 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.17102 of 2008 Between: Koneti Rama Kulayappa S/o. Subbanna R/o. REddimalluvandlapalli [v], H/o. Thimmasamudram, T. Sundupalli [M], Kadapa District. ..... PETITIONER AND 1 State of Andhra Pradesh, rep. by its Principal Secretary to Home Department, Secretariat, Hyderabad. 2 Superintendent of Police, Kadapa District at Kadapa. 3 Station House Officer, T. Sundupalli Police Station, Kadapa District. 4 Koneti Naresh S/o. K. Nagappa R/o. Reddimalluvandlapalli [V] H/o. Thimmasamudram, T. Sundupalli [V], Kadapa District. 5 Koneti Nagappa S/o. Subbanna R/o. Reddimalluvandlapalli [V] H/o. Thimmasamudram, T. Sundupalli [V], Kadapa 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 directing the Respondents 1 to 3 to produce the person of the petitioner's wife and property from the custody of respondents 4 and 5 before this Hon'ble Court and set her free and also direct to prosecute the respondents 4 and 5 and other responsible for appropriate penal oﬀences pursuant to crime No.65 of 2008 on the file of 3rd respondent in the interest of justice. Counsel for the Petitioner : MR. NIMMAGADDA SATYANARAYANA Counsel for the Respondent Nos.1 to 3 : THE ADVOCATE GENERAL Counsel for the Respondent No.4 : --NONE-- Counsel for the Respondent No.5 : MR. V.R. REDDY KOVVURI 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.17102 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 3, and the learned counsel appearing for respondent No.5. 2. The main grievance in the present writ petition is that the wife of the petitioner had eloped with the fourth respondent and while doing so, she had taken away a sum of Rs.3,00,000/- and 15 sovereigns of gold ornaments and now she has been in the illegal custody of the fourth respondent with whom she eloped. Therefore, the petitioner seeks Writ of Habeas Corpus for production of his wife before this Court. 3. On the last occasion i.e., on 29-08-2008, when the matter came up for consideration, the alleged detenu was present before this Court and the petitioner is not present. However, learned counsel for the petitioner submitted that there was no proper communication facility to the village where the petitioner resides and, therefore, seeks time to contact the petitioner to enable him to be present before this Court. Therefore, the matter was directed to be listed today under the caption “FOR APPEARANCE”. 4. Today, the petitioner is present before this Court and the alleged detenu is not present. However, it has been brought to the notice of this Court that the alleged detenu, who appeared before this Court on the last occasion, had stated that she was living independently on her own volition by dis-associating with the petitioner/husband and she is not willing to join her husband. 5. We are not inclined to go into all those aspects. In view of the fact that the alleged detenu is not in illegal detention of anyone, the question of issuing Writ of Habeas Corpus does not arise. 6. However, since it is the speciﬁc allegation of the petitioner that the alleged detenu had eloped with the fourth respondent along with considerable amount of Rs.3,00,000/- and gold ornaments, he is at liberty to approach the competent authority and initiate appropriate proceedings in accordance with law. 7. With the above observations, the writ petition is closed, at the stage of admission. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 12-09-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Principal Secretary to Government, Home Department, Government of A.P.,Secretariat, Hyderabad. 2 The Superintendent of Police, Kadapa District at Kadapa. 3 The Station House Officer, T. Sundupalli Police Station, Kadapa District. 4. Two CCs to the Advocate General, Government of A.P., High Court Buildings, Hyderabad. (OUT). 5. 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.17102 of 2008 12-09-2008 (Msr)