IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF JUNE 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. 9646 of 2008 Between: D. Hari Prasad, S/o. Reddi Swamy, D.No. 73/36, Old Rayachoti, Rayachoti Town, Kadapa District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Secretariat, Hyderabad. 2 The Superintendent of Police, Kadapa, Kadapa District. 3 Inspector of Police, Rayachoti Rural PS, Rayachoti, Kadapa District, 4 The Sub-Inspector of Police, Rayachoti Rural PS, Rayachoti, Kadapa District, 5 Sri B. Venkata Rathnam, S/o. not known, R/o. Behind, V.R. College, Near Masapet, Kadapa Road, Rayachoti, Kadapa 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 order or direction more particularly one in the nature of Writ of Habeas Corpus directing the respondents herein to produce the detenue by name B. Lakshmidevi W/o. D.Hari Prasad, Hindu, aged 22 years, D.No. 73/36, Old Rayachoti, Rayachoti Town, Kadapa District, before this Honourable court and be released from custody. Counsel for the Petitioner : MR.V.NITESH Counsel for Respondent Nos.1 to 4 : THE ADVOCATE GENERAL Counsel for Respondent No.5 : Sri B.Viswanatha Reddy 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.9646 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 No.5. 2. This Writ of Habeas Corpus is filed by the petitioner seeking direction to the respondents to produce the detenu viz., B. Lakshmidevi, w/o. D.Hari Prasad, aged about 22 years, who was in the illegal custody of the fifth respondent, who is her father, before this Court and release her forthwith. 3. After service of notice by this Court, counter affidavits have been filed by respondent No.4 as well as respondent No.5, stating inter alia that the alleged detenu has not married the petitioner and, therefore, she has been in the custody of the fifth respondent-father. 4. As per the directions of this Court, the alleged detenu viz., Ms. B. Lakshmidevi is present before this Court today. The petitioner is also present before this Court. 5. Upon being questioned by this Court in the open Court, the alleged detenu stated that she is aged about 22 years and she did not marry the petitioner at all. She further stated that she has been living with the fifth respondent, who is her father, on her own volition and denied the illegal captivity by the fifth respondent. 6. In view of the statement made by the alleged detenu viz., Ms. B. Lakshmidevi and keeping in view her age, we are of the opinion that this Court cannot interfere with the liberty of the alleged detenu and she is at liberty to live anywhere and move freely according to her will and wish. 7. With the above observations, the writ petition is dismissed, at the stage of admission. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 23-06-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Principal Secretary to Government, Home Department, Government of A.P., Secretariat, Hyderabad. 2 The Superintendent of Police, Kadapa, Kadapa District. 3 Inspector of Police, Rayachoti Rural PS, Rayachoti, Kadapa District, 4 The Sub-Inspector of Police, Rayachoti Rural PS, Rayachoti, Kadapa District, 5. Two CCs to the Advocate General, Government of A.P., High Court Buildings, Hyderabad. (OUT). 6. 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.9646 of 2008 23-06-2008 (Msr)