IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE 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 TAKEN UP WRIT PETITION NO : 12346 of 2008 Between: Smt.Y.V.Shoba W/o V.Mohan Babu, R/o Narasaramaiahgaripalli Village C.K.Dinne Mandal, Kadapa District. ..... PETITIONER AND 1.The Station House Officer, Chinna Mandem Police Station, Kadapa District. 2.The Superintendent of Police, Kadapa District. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 10-06-2008 sent by the Petitioner herein, this Hon'ble Court may be pleased to issue an Order, direction, or a Writ, more particularly one in the nature of Writ of Habeas Corpus directing the Respondents herein to produce the petitioner’s husband by name V.Mohan Babu, son of late V.Anandaiah, aged 49 years, before this Hon'ble Court, who was illegally detained by the police Chinna Mandem Police Station, Kadapa District, under the pretext of conducting enquiry in the inter caste marriage of his nephew, and apprehending danger to his life and set him at liberty forthwith and to pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: TELEGRAM Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following: ORDER: (per the HON’BLE SRI JUSTICE K.C.BHANU) This taken up Writ Petition has been initiated at the instance of the petitioner’s telegram, dated 10-06-2008, wherein it is alleged that her husband was illegally detained by the Chinna Mandem Police for the purpose of conducting enquiry in relation to inter caste marriage of his nephew. 2. After issuing notice, the 1st respondent herein filed a detailed counter affidavit stating that the detenu was arrayed as accused No.4 in Cr.No.81 of 2008 for the offence punishable under Section 366 IPC of Chinna Mandem Police Station, Kadapa District and the investigation is in progress. As father of the missing woman filed a complaint on 05-06- 2008, section of law was altered from woman missing to one under Section 366 IPC and continued investigation. In spite of best efforts, police could not arrest either the detenu or other family members who were arrayed as accused. Therefore, it is stated that as soon as police apprehends the accused including the alleged detenu, they will produce them before the competent Court in accordance with law. 3. Accepting the said statement of the 1st respondent and especially when there is no illegal detention by the Chinna Mandem Police, question of granting Habeas Corpus does not arise. 4. Accordingly, the Writ Petition is closed with a direction to the police to produce the detenu as well as the accused before the competent Court, as and when they were traced. There shall be no order as to costs. --------------------------------- JUSTICE D.S.R.VARMA ------------------------------ JUSTICE K.C.BHANU DATED:01-07-2008 Hsd