IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST 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.15442 of 2008 Between: Mekala Ramanamma W/o.Krishna R/o. Abbas Nagar, Kollur Mandal, Kurnool District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Prl. Secretary, Home Dept., Secretariat, Hyderabad. 2 The Superintendent of Police, Mahabubnagar District, at Mahabubnagar. 3 The Circle Inspector of Police, Wanaparthi Circle, Wanaparthi, Mahabubnagar District. 4 The Sub Inspector of Police, Wanaparthi Town P.S., Wanaparthi, Mahabubnagar District. .....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 a writ order or direction more particularly one in the nature of Writ of Habeas Corpus by declaring the against the action of the respondent No.3 & 4 in keeping the detenues namely 1) Makala Bhavani W/o. Ramu, Aged about 18 Yrs, 2) Mekala Swamy Son of 1st detenue, aged about 4 months who is her mother, 3) Mekala Gangamma W/o. Mallaiah, Aged about 55 years, 4) Nakka Kondamma W/o. Venkatesh, Aged about 30 yrs, 5) Nakka Bodamma W/o. Krishna, Aged about 30 yrs., in their illegal custody as illegal, arbitrary and against the principles of natural justice and violative of Articles 14, 19 and 21 of Constitution of India. Consequently, direct the respondents to produce the detenues namely 1) Makala Bhavani W/o. Ramu Age about 18 Yrs, 2) Mekala Swamy Son of 1st detenue age about 4 months who is her mother, 3) Mekala Gangamma W/o. Mallaiah, Age about: 55 years, 4) Nakka Kondamma W/o. Venkatesh, Age about: 30 yrs, 5) Nakka Bodamma W/o. Krishna, Age about: 30 yrs., before this Hon'ble Court and set him liberty forthwith and pass such other order or orders. Counsel for the Petitioner: MR.CHALLA.SRINIVASA REDDY Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following : THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.15442 of 2008 ORAL ORDER: (per the HON’BLE SRI JUST ICE D.S.R.VARMA) Heard learned counsel for the petitioner as well as learned Assistant Government Pleader, representing learned Advocate General, appearing for the respondents. 2. This writ petition is ﬁled challenging the alleged action of respondent Nos.3 and 4 in illegally detaining the persons (1) Mekala Bhavani, aged about 18 years, (2) Mekala Swamy, Son of 1 st detenue, aged about 4 months, (3) Mekala Gangamma, aged about 55 years, (4) Nakka Kondamma, aged about 30 years and (5) Nakka Bodamma, aged about 30 years, and to direct the respondents to produce them before this Court by way of issuance of a writ of Habeas Corpus. 3. In response to the notice, issued by this Court, the fourth respondent-Sub-Inspector of Police, Wanaparthi Town Police Station, Mahabubnagar District, ﬁled counter-aﬃdavit stating, inter alia, that the Police never detained the alleged detenus illegally, as alleged in the aﬃdavit, ﬁled in support of the writ petition; that the alleged detenue No.1, whose actual name is Pala Bhavani, is Accused No.2 in Crime No.91 of 2008, registered for the oﬀence punishable under Section 380 read with Section 511 I.P.C., of I Town Police Station, Mahabubnagar; that insofar as alleged detenu No.2, since he is an infant of four months old and being the son of alleged detenue No.1, he is allowed to be in the company of his mother, therefore, the question of his illegal detention does not arise; that the alleged detenue No.3, whose actual name being Marri Gangamma, is Accused No.3 in the said Crime; that the alleged detenue No.4, whose actual name is Nageti Kondamma @ Yellamma, is Accused No.4 in the said crime; that the alleged detenu Nos.1, 3 and 4 were arrested by the Police of I Town Police Station, Mahabubnagar, on 19.07.2008, and were produced before the Judicial First Class Magistrate, Mahabubnagar, on 20.07.2008, who, in turn, passed orders remanding them to judicial custody and pursuant to the said orders, they are now lodged at District Jail, Mahabubnagar. 4. It is needless to say that alleged detenu No.2, who is four months baby and son of the alleged detenue No.1, is also allowed to be in the association of his mother. 5. So far as alleged detenu No.5 is concerned, it is stated in the counter-aﬃdavit that no case was registered against her nor the Police of Wanaparthi Town Police Station, Mahabubnagar District, or the I Town Police Station, Mahabubnagar, ever arrested her. 6. In view of these revelations in the counter- aﬃdavit, we do not ﬁnd any illegality in the arrest effected by the respondents. 7. It is the contention of the learned counsel for the petitioner that the alleged detenus were illegally arrested even much before the date, which has been mentioned in the counter-affidavit. 8. It is purely a question of fact, which this Court cannot go into. If really, the alleged detenus were detained since long time i.e., even before the date that was mentioned in the counter-aﬃdavit, it is always open for them to give a complaint to the Police or avail the remedies available to them under law. 9. It is needless to mention that if the grand parents or any other close relatives of alleged detenue No.1 come forward to take the custody of child i.e., alleged detenu No.2 to look after his welfare, they may make an application before the Court concerned, in this regard, and the custody of child may be given to them subject to the consent of the mother i.e., the alleged detenue No.1 and also keeping in view the other possibilities, particularly the age of the child. 10. With the above observations and directions, 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 31.07.2008 B/o dr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of Andhra Pradesh, rep. by its Prl. Secretary, Home Dept., Secretariat, Hyderabad. 2 The Superintendent of Police, Mahabubnagar District, at Mahabubnagar. 3 The Circle Inspector of Police, Wanaparthi Circle, Wanaparthi, Mahabubnagar District. 4 The Sub Inspector of Police, Wanaparthi Town P.S., Wanaparthi, Mahabubnagar District. 5 2CCs to Advocate General, High Court of A.P., Hyderabad (OUT) 6 2CD copies