THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.27188 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 4, and also the learned counsel appearing for respondent Nos.5 to 8. 2. This Writ of Habeas Corpus is filed by the petitioner seeking to direct the respondents to produce his daughter viz., Umarani, aged about 17 years, resident of Polkampally village, Ibrahimpatnam Mandal, Ranga Reddy District, who was in the illegal custody of respondent Nos.5 to 8, before this Court and set her at liberty, forthwith. 3. It is the grievance of the petitioner that his daughter is illegally detained by respondent Nos.5 to 8. 4. A counter affidavit has been filed by the Sub-Inspector of Police, Ibrahimpatnam Police Station, Cyberabad, the fourth respondent herein, stating that initially the petitioner approached the wrong Police Station. However, having taken the complaint on record, it has been transmitted to the appropriate Police Station i.e., Pochampally Police Station, Nalgonda District, who had taken up investigation. 5. However, before we proceed further in the matter , from a perusal of the proceeding sheet of this Court, it is obvious that on 19.01.2009 a Division Bench of this Court, to which one of us (RKR, J) is a party, had passed an order, which reads as under: “In obedience to the direction of this Court dated 29.12.2008, the Inspector of Police, Pochampally Police Station completed the investigation in Crime No.83 of 2008 and the missing girl was traced out and produced before the Additional Judicial magistrate of First Class, Bhongir. On such production, the learned Magistrate, by order dated 16.12.2008 gave the custody of the alleged detenu to the mother of the 5th respondent herein as she expressed her willingness to stay with 5th respondent whom she married. The order also discloses that the alleged detenu stated her date of birth as 30.8.1990 as per which, she is a major. In view of the above, the petitioner is at liberty to challenge the order of the learned Magistrate dated 16.12.2008 before the appropriate forum in appropriate proceedings.” 6. From the above, it is very clear that the alleged detenu was produced before the Magistrate concerned, where she expressed her willingness to stay with the fifth respondent whom she married. Further, as per the date of birth stated by the alleged detenu before the learned Magistrate, she had born on 30.8.1990 and as such she is a major. Therefore, the alleged detenu is at liberty to stay wherever she likes as per her will and wish. 7. Therefore, in view of the facts that have already been recorded by a Division Bench of this Court, virtually nothing remains for further adjudication in this writ petition. If the petitioner feels that there is any untruth in the said facts that have been brought on record, the same can be ventilated before the appropriate forum as permitted under the law. 8. Further, this Court is coming across with situations where, for no reason, the officers like Director General of Police, Secretary to Government, Home Department, etc., are being made parties to the writ petitions unnecessarily. A perusal of the affidavits, in such cases, discloses that no averment had even been made against such officials. In the instant case also, for no reason and with no averment, the Director General of Police had been made a party to the writ petition. Therefore, we are of the view that it has become just a matter of routine and the same amounts to abuse of process of law, which kind of practice is to be deprecated by all means. 9. In view of the above, the writ petition deserves to be dismissed with costs. 10. With the above observations, the writ petition is dismissed with costs, at the stage of admission. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE R.KANTHA RAO 03-08-2009 Msr. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.27188 of 2008 03-08-2009 (Msr)