IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH 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.16262 of 2008 Between: Smt. Mamidipally Jyothi, W/o.late Venkataiaha @ Venkatesh, B-114, Railway Quarters, Moula-ali, Secunderabad. ..... PETITIONER AND 1 The Station House Officer P.S Malkajgiri, Cyberabad, Hyderabad. 2 The State rep.by prl Secretary to Home Secretariat Building Secretariat,Hyderabad 3 Mamidipally Chennaiah S/o.Pochaiah Chintaguda Farooq Nagar (M) Mahabubnagar District 4 Mamidipally Srinivas S/o.Chennaiah Chintaguda Farooq Nagar (M) Mahabubnagar 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 an appropriate writ or order or direction more particularly one in the nature of writ of Habeas Corpus or any other appropriate writ order or direction holding that the impugned action of detention of petitioner minor Children in their custody by the unofficial respondents as highly illegal arbitary and unconstitutional being violative of Articles 14,21&22 of the constitution of India and direct the respodents No.1and 2 to release the petitioner's minor Children in the custody of unofficial respondents 3and 4 fothwith and passs Counsel for the Petitioner : MR.B.DEVADAS Counsel for Respondent Nos.1 and 2: THE ADVOCATE GENERAL Counsel for Respondent Nos.3 and 4 : ------- 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.16262 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 and 2. 2. This Writ of Habeas Corpus is filed by the petitioner seeking a direction to the respondents to produce her minor children, who are in illegal custody of respondent Nos.3 and 4, before this Court. 3. During the course of hearing, it is brought to the notice of this Court that the petitioner is Accused No.2 in Crime No.148 of 2008 for the offence punishable under Section 302 and 201 of Indian Penal Code of Malkajgiri Police Station, Cyberabad, Hyderabad, for causing the death of her husband, and under the said circumstances, the children of the petitioner were taken away by the paternal grand-parents i.e., the parents of the deceased-husband of the petitioner and the children are now in their custody. 4. In view of the above circumstances, we do not find anything unnatural in having the custody of the children by the paternal grand-parents. However, if the petitioner has any grievance, she can, as well, approach the competent civil Court seeking appropriate relief for the custody of the children. 5. For the foregoing, there are no merits in the writ petition and the same is liable to be dismissed. 6. Accordingly, the writ petition is dismissed, at the stage of admission, giving liberty to the petitioner to approach the competent civil Court seeking appropriate relief for the custody of the children. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 28-07-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, P.S. Malkajgiri, Cyberabad, Hyderabad. 2 The Principal Secretary to Government, Home Department, Government of A.P., Secretariat Buildings, Hyderabad. 3. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 4. 2 CD copies. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.16262 of 2008 28-07-2008 (Msr)