IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF SEPTEMBER 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 : 18338 of 2008 Between: Vattikulla Gouri W/o. Bogalu R/o. Kontangi Kotturu, Sankavaram mandal, East Godavari District. ..... PETITIONER AND 1 The Superintendent of Police East Godavari District, Kakinada. 2 The Sub Inspector of Police Annavaram, Sankavaram Mandal, East Godavari District. 3 Kotteti Lova Lakshmi D/o. Late Raju Sankavaram Mandal, East Godavari District. 4 Kotteti Krishnaveni W/o. Late Raju Sankavaram Mandal, East Godavari District. 5 Karri Veerababu S/o. Minor Appa Rao Sankavaram Mandal, East Godavari District. 6 Karri Veerababu S/o. Pothu Raju Sankavaram Mandal, East Godavari District. 7 Karri Siva S/o. Naga Raju Sankavaram Mandal, East Godavari District. .....RESPONDENTS 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 to direct the respondent No.1 and 2 to produce the detenue namely Vattikulla Nagasiva S/o. Bogalu, aged 17 yrs, R/o. Kontangi Kotturu, Sankavaram Mandal, East Godavari District, before this Hon'ble Court forthwith and pass such other order or orders. Counsel for the Petitioner: MR.B.V.S.S.BALAKRISHNA RANJIT Counsel for the Respondent Nos.1 & 2: 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 W.P.No.18338 of 2008 ORAL ORDER: (per the HON’BLE SRI JUST ICE D.S.R.VARMA) Heard learned counsel for the petitioner as well as learned Assistant Government Pleader, representing learned Advocate General, appearing for respondent Nos.1 and 2. 2. This Writ of Habeas Corpus is ﬁled by one Vattikulla Gouri, resident of Kotangi Kotturu, Sankavaram Mandal, East Godavari District, seeking a direction to respondent Nos.1 and 2 to produce her missing son viz., Vattikulla Nagasiva, s/o. Bogalu, aged about 17 years, before this Court, forthwith. 3. According to the petitioner, her son, the alleged detenu, is a minor and his date of birth is 07.07.1991; that respondent No.3 has been behaving very indecently and causing more disputes in the village; that even respondent No.4, the mother of respondent No.3, failed to control her daughter to change her conduct; that respondent No.4 also maintained illegal contacts, threatened and blackmailed them for the purpose of collecting money; that respondent Nos.3 and 4 hatched a plan with respondent No.7 by stating that they will provide work to the alleged detenu at Hyderabad and accordingly, the alleged detenu was provided a job in the factory, situate at Gaganpahad, Hyderabad; that, after one week, respondent Nos.3 and 7 and the alleged detenu returned from Hyderabad; that subsequently, they lodged a false complaint against her son (the alleged detenu) and her husband at Annavaram Police Station alleging that the daughter of respondent No.4 was taken away by the alleged detenu and her husband and that respondent No.2, after investigating the case, had taken assurance from both parties and settled the matter in the presence of village elders. She also alleged that, during the course of investigation, respondent No.2 had illegally detained her son and her husband almost for a week at Annavaram Police Station. 4. The ultimate grievance of the petitioner, apart from various other allegations, is that, her son, the alleged detenu, was kidnapped by respondent Nos.5 and 6 with a view to perform his marriage with respondent No.3. Her allegation is that though her son is a minor, rather he was compelled to marry respondent No.3. 5. The alleged detenu and respondent No.3 were present before this Court on 05.09.2008. 6. Learned Assistant Government Pleader, representing learned Advocate General, appearing for respondent Nos.1 and 2, submits that the alleged detenu and respondent No.3 were produced before the Tahsildar, Sankavaram Mandal, East Godavari District, who recorded the statement of the alleged detenu, on 28.08.2008, wherein he stated that he liked respondent No.3 and wanted to marry her against the will of his parents. Therefore, he left the home and married respondent No.3 at Annavaram Temple. 7. The voters’ list was produced, which discloses that the alleged detenu was aged 22 years as on the date of publication of the said voters’ list. The ration card pertaining to the family of respondent No.3 was also produced, which reveals that respondent No.3 is aged 16 years as on the date of issuance of the ration card i.e., on 04.05.2006. Therefore, as of now, respondent No.3 has crossed the age of 18 years and she is a major. The said statement of the alleged detenu, the voters’ list and the ration card were produced before this Court and the same were made part of the record. 8. In view of the said statement of the alleged detenu, recorded by the Tahsildar, and also basing on the voters’ list, which is the only document available on record, we have no reason to disbelieve the version of the alleged detenu that he was aged about 22 years as on the date of publication of the voters’ list. Therefore, we are of the view that the alleged detenu is at liberty to move and live, anywhere, as he likes. 9. Obviously, there is no illegal detention by respondent Nos.1 and 2-police, particularly respondent No.2, as alleged by the petitioner. 10. No, prima facie, case is made out, warranting interference by this Court, as such, the writ petition is liable to be closed. 11. In the result, the writ petition is closed, at the stage of admission. However, there shall be no order as to costs. 12. It is needless to say that the alleged detenu is at liberty to move and live, anywhere, as he likes. _____________________ JUSTICE D.S.R.VARMA _____________________ JUSTICE K.C.BHANU 08TH SEPTEMBER 2008 DR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Superintendent of Police East Godavari District, Kakinada. 2 The Sub Inspector of Police Annavaram, Sankavaram Mandal, East Godavari District. 3 2CCs to Advocate General, High Court Buildings, Hyderabad.(OUT) 4 2CD copies