IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 25377 of 2007 Between: Manne Somaiah S/o.M.Veeraiah R/o.Boddugudem village, Mothkur Mandal, Nalgonda District. ..... PETITIONER AND 1 The Station House Officer, Mothkur P.S. Nalgonda District. 2 The Superintendent of Police, Nalgonda. 3 The Inspector General of Police, Govt. of Andhra Pradesh, Hyderabad. 4 Rekala Sudhakar S/o.R.ramulu Harijanwada, Boddugudem village, Mothkur Mandal, Nalgonda 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 any Writ, order or direction more particularly one in the nature of Writ of Habeas Corpus, directing the Respondents to produce the kidnapped minor girl namely Manne Swathi, daughter of Manne Somaiah aged 17 years R/o. Boddugudem village, Mothkur Mandal, Nalgonda District before this Hon'ble Court and setting her at liberty to join her parents and to pass such other order or orders. Counsel for the Petitioner: MR.S.V.ANAND RAO Counsel for the Respondent Nos. 1 to 3: THE ADVOCATE GENERAL The Court at the stage of admission made the following : ORDER: (per Sri B. Seshasayana Reddy, J) This writ petition has been filed by one Manne Somaiah with a prayer to issue a writ, order or direction, more particularly one in the nature of writ of habeas corpus directing the respondents to produce his daughter viz., Manne Swathi, aged 17 years. It is averred in the affidavit filed in support of the writ petition that the 4th respondent herein kidnapped his minor daughter on 17- 05-2007 and since then her whereabouts are not known. The 1st respondent filed counter and additional counter. One K. Kishan, Sub-Inspector of Police, Mothkur Police Station has sworn to the counter affidavit and additional counter affidavit. It is stated in the counter affidavits that the daughter of the petitioner married the 4th respondent on her own accord and she addressed a letter to the Station House Officer accordingly. Heard the learned counsel for the petitioner and the learned Government Pleader representing the learned Advocate General on behalf of the respondents 1 to 3. Learned counsel appearing for the petitioner submits that the whereabouts of the daughter of the petitioner are not known and he is very much doubtful as to whether she is alive or no more. Whereas the learned Government Pleader submits that the letter addressed to the Station House Officer is very clear that she is very much alive and she has been residing with her husband leading comfortable life. A case in Crime No. 60 of 2007 has been registered on the basis of the complaint filed by the petitioner for the offence under Section 366 (A) read with Section 34 IPC. A-2 has been arrested and remanded to judicial custody on 08-10-2007. The 4th respondent has been shown as A-1 in Crime No. 60 of 2007. It is explicit from the letter addressed to the Station House Officer by the alleged detenue that she married the 4th respondent out of her own will. The tenor of the letter addressed to the Station House Officer indicates that she is well aware of her personal liberties since a reference has been made to the Judgment of the Delhi High Court. In that view of the matter, we are inclined to dispose of the writ petition giving direction to the police to record the statement of the alleged detenue and produce her before the concerned Court and complete the investigation as expeditiously as possible. As and when the alleged detenue is traced, intimation is to be given to the petitioner who is the defacto complainant in Crime No. 60 of 2007. With the above observation, the writ petition is disposed of. A.GOPAL REDDY, J B.SESHASAYANA REDDY, J 08-04-2008 ks ………... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Mothkur P.S. Nalgonda District. 2 The Superintendent of Police, Nalgonda. 3 The Inspector General of Police, Govt. of Andhra Pradesh, Hyderabad. 4 2 CCs to the Advocate General, High Court of Andhra Pradesh, Hyderabad (OUT). 5 2 CD copies.