IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF AUGUST TWO THOUSAND AND FOUR PRESENT HON'BLE SRI DEVINDER GUPTA, THE CHIEF JUSTICE and HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.15051 of 2004 Between: Shaik Amer, S/o Shaik Alauddin, Aged 28 years, Occ: Business, R/o H.No.8-4-371/A/173, Erragadda, Hyderabad, A.P. ..... PETITIONER AND 1. The Director General of Police, Andhra Pradesh, Hyderabad. 2. The Commissioner of Police, Hyderabad City, Basheerbagh, Hyderabad. 3. The Deputy Commissioner of Police, CCS., Detective Department, Hyderabad. 4. The Inspector of Police, P.S.Sanjeeva Reddy Nagar, Hyderabad. 5 Syed Noor-ul-Hassan, S/o Hassan, Aged 52 years, Occ: Pensioner, R/o H.No.3-267, J-Type, NRR Puram, Borabanda, Hyderabad-A.P. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction, more particularly in the nature of Habeas Corpus directing the respondents to produce the wife of the petitioner Smt. Syeda Javeria Noor, W/o Syed Amer, D/o Syed Noor-ul-Hassan, aged 23 years and set her at liberty in the interest of justice. Counsel for the Petitioner :Mr. R.DAYANANDA REDDY (Not Present) Counsel for the Respondents 1 to 4: THE ADVOCATE GENERAL Counsel for the Respondent No.5 : Mr. C.B.Ram Mohan Reddy The Court made the following : ORDER: (Per Hon’ble the Chief Justice) This petition of habeas corpus filed by Shaik Amer seeking production of Smt. Syeda Javeria Noor, daughter of fifth respondent, was taken up in pre-lunch session. Nobody appeared on behalf of the petitioner. Learned counsel for the fifth respondent appeared and orally controverted the allegations made in the petition. Though the petitioner was absent, we directed the petition to be called in the post- lunch session and asked the learned counsel for the fifth respondent to ensure the presence of daughter of fifth respondent in the Court. She has been produced and we have examined her. She is a major and states that she is voluntarily residing with her parents and there is no restrain on her movements. In view of these circumstances especially when the alleged detenue is voluntarily residing with her parents, the writ petition is liable to be dismissed and is accordingly dismissed. ________________________ DEVINDER GUPTA, C.J. _______________ C.V.RAMULU, J 31-08-2004 bsc To 1. The Director General of Police, Andhra Pradesh, Hyderabad. 2. The Commissioner of Police, Hyderabad City, Basheerbagh, Hyderabad. 3. The Deputy Commissioner of Police, CCS., Detective Department, Hyderabad. 4. The Inspector of Police, P.S.Sanjeeva Reddy Nagar, Hyderabad. 5. 2 CCs to the learned Advocate General, High Court buildings, Hyderabad. 6. 2 C.D. copies