THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.8240 of 2010 Date: 21.04.2010 Between: Vangapalli Ramana Kumar … Petitioner and Inspector of Police, P.S. Chandanagar, Cyberabad District and others. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.8240 of 2010 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 for Home appearing for respondent Nos.1 and 2. 2. This Writ of Habeas Corpus is filed by the petitioner seeking a direction to respondent Nos.1 and 2 to produce the detenu, namely Smt. Vangapalli Bhargavi, w/o. V.Ramana Kumar, aged 24 years, who is in the illegal custody of respondent Nos.3 to 5, before this Court and set her at liberty, forthwith. 3. It is the case of the petitioner that he and the alleged detenu fell in love and married each other on 1.4.2010 in the office of the Registrar of Marriages, Golconda Division, much against the will of the parents of the alleged detenu, who are respondent Nos.3 and 4 herein. Subsequently, when the petitioner and the alleged detenu went to the house of respondent Nos.3 and 4 to have their blessings, respondent No.3-father of the alleged detenu contacted respondent No.5, who is the brother-in-law of respondent No.4, at whose instance the 1st respondent-Sub Inspector of Police, Chandanagar Police Station, came there and necked the petitioner out from their house saying that he married the alleged detenu by playing fraud. It is the further case of the petitioner that the 1st respondent-police threatened him with dire consequences that he would register a case if he did not give divorce to the alleged detenu. When the 5th respondent beat him severely, the petitioner lodged a complaint against respondent Nos.3 to 5 and the same was registered as Crime No.151 of 2010. 4. Subsequently, it appears that basing on the complaint lodged by the alleged detenu to the 1st respondent police, they started pressurizing the petitioner to sign on the divorce papers. It also appears that the 1st respondent police got recorded Section 164 Cr.P.C. statement of the alleged detenu before the Judicial Magistrate of First Class, Rajendranagar, wherein she stated that she was married to the petitioner because of the fraud played by him. 5. A counter affidavit has been filed by the 1st respondent- Inspector of Police, Chandanagar Police Station, Cyberabad, denying the allegations and also narrating the facts of the case. 6. Since this Court wanted to examine the alleged detenu to know about the correctness of her statement before the learned Magistrate, upon the directions of this Court, the alleged detenu is produced before this Court today. 7. Upon being questioned by this Court, the alleged detenu stated that she was defrauded by the petitioner and induced her to marry him. She further asserted that she wants to live with her parents only. 8. Obviously, the alleged detenu is a Graduate in Engineering and also a major. Being a major, she has every liberty to lead a life of her choice. This Court cannot compel her to go either with the parents or with the petitioner, whom she allegedly married. 9. In view of the statement of the alleged detenu before this Court and also in view of the facts stated in the counter affidavit, we do not feel that the alleged detenu has been in the illegal captivity of respondent Nos.3 to 5 and, therefore, the question of issuing Writ of Habeas Corpus does not arise. 10. In the result, the writ petition is dismissed, at the stage of admission. There shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE RAJA ELANGO 21.04.2010. Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.8240 of 2010 21.04.2010 (Msr)