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 WRIT PETITION No. 12504 of 2008 Between: Y.Pitchaiah, S/o.Sri Nagaiah R/o.Mudrapalli Village & Post, Penagaluru Mandal, Kadapa District. ..... PETITIONER AND The Station House Officer, Penagaluru Police Station, Penagaluru, Kadapa District. .....RESPONDENT 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 a Writ of Habeas Corpus, or any other appropriate writ, order or direction, directing the Respondent to hand over the custody Y.Sailaja daughter of the Petitioner who is in the custody of the Respondent to the Petitioner and pass such other order or orders. Counsel for the Petitioner : MR.C.RAGHU Counsel for the Respondent : THE ADVOCATE GENERAL 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.12504 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 the respondent. 2. This Writ of Habeas Corpus is filed by the petitioner seeking a direction to the respondent to hand over the custody of Y.Sailaja, daughter of the petitioner, who is allegedly in the custody of the respondent. 3. As per the directions of this Court, the alleged detenu Ms. Y.Sailaja is present before this Court today along with a person, namely Sri M.Narasimhulu, who is said to be her husband. 4. Upon being questioned by this Court in the open Court about the proof of her marriage with the said M.Narasimhulu, she placed before this Court two photographs, which do not indicate that they were married and those photographs would only show that they were intimate to each other. Therefore, we are of the view that there is absolutely no proof about the girl being married to the said person. 5. According to the petitioner, who is the father of the girl Ms. Y.Sailaja, the girl is a minor, having the age of 15 years. But, he is not able to produce any proof as regards her age. On the other hand, the girl asserts that she is a major. She is also not in a position to show any proof regarding her age. 6. In view of the contradictory assertions by both the petitioner as well as the girl, the points to be determined are – firstly, the factum of marriage of the girl with Sri M.Narasimhulu; and secondly, the age of the girl. 7. If the factum of marriage of the girl with Sri M.Narasimhulu is proved, of course, this Court would have considered the aspect of permitting the girl to be in the company of her husband. But, the proof of marriage placed before this Court is neither convincing nor sufficient to show that their marriage was performed. 8. It is also on record that the petitioner had already lodged a complaint before the Penagaluru Police Station, Penagaluru, Kadapa District, stating that his daughter was abducted by Sri M.Narasimhulu and a case in Crime No.3 of 2008 for the offence punishable under Sections 363, 366-A and 109 of Indian Penal Code was registered and the same is pending. 9. From the events that have taken place before this Court on a couple of occasions, we are of the view that the girl is safe in the company of the person viz., Sri M.Narasimhulu, who allegedly married her. Furthermore, the girl is stubbornly saying that she will not go to her parents house. Same is the attitude of the petitioner about the custody of his daughter, who is allegedly a minor. 10. The above two contradictory versions cannot be gone into by this Court, nor it is the purpose of a Writ of Habeas Corpus, particularly when the complaint lodged by the petitioner against the person, who allegedly married the girl, was taken cognizance by the police and the same is pending investigation. 11. Since the whereabouts of the girl as well as Sri M.Narasimhulu, who allegedly married the girl, are very much available with the police and the girl is physically safe, we are not inclined to proceed any further in the matter. However, the investigating agency can proceed in accordance with law, pursuant to the registration of Crime No.3 of 2008 against Sri M.Narasimhulu. 12. With the above observations and directions, the writ petition is closed, at the stage of admission. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 01-07-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Station House Officer, Penagaluru Police Station, Penagaluru, Kadapa District. 2. Two CCs to the Advocate General, Government of A.P., High Court Buildings, Hyderabad. (OUT). 3. Two C.D. copies. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.12504 of 2008 01-07-2008 (Msr)