IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH 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 : 14261 of 2008 Between: Salaa Basava Prasad S/o. Salaa Koti Nagamalleswara Rao, Hindu R/o. Konithiwada Village, Veeravasaram Mandal, West Godavari District. ..... PETITIONER AND 1 State of Andhra Pradesh, Rep. bys its Prl. Secretary, Department of Home, Secretariat Bldgs., Andhra Pradesh, Hyderabad. 2 State of Andhra Pradesh, Rep. by its Director General of Police, at Hyderabad. 3 State of Andhra Pradesh, Rep. by its Inspector General of Police, Hyderabad. 4 The Supdt., of Police, West Godavari District at Eluru. 5 The District Collector, West Godavari District at Eluru 6 The Station House Officer, Bhimavaram II Town P.S. Bhimavaram , West Godavari 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 to issue a writ order or direction more particularly one in the nature of Writ of Habeas Corpus by directing the respondents to produce Smt. Madavi Nagalakshmi where abouts not known w.e.f. 23-4-2008 onwards vide Crime No. 79/2008 on the file of Bhimavaram II Town P.S. West Godavari District forthwith before this HOn'ble COurt and set her with liberty and to pass necessary order or orders as this Hon'ble Court may deem fit. Counsel for the Petitioner:MR.T.C.KRISHNAN Counsel for the Respondent No.: 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.14261 of 2008 Oral Order: (per D.S.R.Varma, J.) Heard Sri T.C.Krishnan, learned Counsel appearing for petitioner and the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondents. 2. This writ petition is filed by the husband seeking a writ of Habeas Corpus alleging that in spite of a complaint being lodged with the Police, no effective steps have been taken to trace his wife, by name Madhavi Naga Lakshmi. 3. Now, by way of lunch motion, the matter is moved by the office of the learned Advocate General and after issuing notice to the learned Counsel appearing for petitioner, the matter has been taken up. 4. It appears that the alleged detenue, by name Madhavi Naga Lakshmi, resident of Konithiwada village, Veeravasaram mandal, West Godavari district, was married to the petitioner on 11-5-2007. They lead matrimonial life and the wife became pregnant and went to her parents’ house. Unfortunately, the husband got message on 18-02-2008 that his wife got abortion. The petitioner’s father told the parents of the alleged detenue that they would take back her on 23-4-2008. While so, on 23-4-2008, when the petitioner’s father went to the house of the in-laws of the petitioner to bring back the alleged detenue, they told that she went to Saibaba temple, which is located in their village. Even after long time, she was not retuned back and they started to search her. One teacher of Chinnameeram school informed them that the alleged detenue was forcibly taken away in an auto. After searching for the alleged detenue for a considerable time, having left no other option on 04-5-2008, the petitioner’s father-in-law approached Bhimavaram II Town Police and lodged a complaint, who registered the same as a case in Crime No.79 of 2008 for the offences punishable under Sections 366 and 109 I.P.C. In the complaint, the petitioner’s father- in-law suspected their village people Samatham Ramesh and his brother with the connivance of others forcibly took away his daughter with an intention to sell away her in a brothel home. The petitioner’s wife was got missed on 23-4-2008 between 8 and 9 a.m. at Chinnameeram village, Bhimavaram mandal, West Godavari district. Except registering the crime, the Police have not taken any sort of steps. The whereabouts of the alleged detenue were not known to the petitioner. Therefore, he is seeking a direction to the respondents to produce his wife Madhavi Naga Lakshmi forthwith before this Court and set her with liberty. 5. However, the alleged detenue has been traced by the Police and was made physically present before this Court today. Upon being questioned by this Court, she stated that the petitioner has been harassing her and therefore, she is not willing to go to her native place, where her husband has been living. She further stated that she is doing some sundry jobs here and made a living for the time being staying along with her known friends. 6. It is not in dispute that the girl Madhavi Naga Lakshmi is a major and what has been stated by her before this Court is in the presence of her father. Therefore, the father also is very much aware of the situation and condition of his daughter. 7. Having regard to the facts and circumstances, particularly in view of the view that the alleged detenue is a major, she is at liberty to live and lead the kind of life, which she chooses. Therefore, we cannot hold that the girl, by name Madhavi Naga Lakshmi, is in illegal custody. 8. Accordingly, we find no merit in the writ petition and the same is liable to be dismissed. 9. In the result, the writ petition is dismissed, at the stage of admission. No costs. ___________________ JUSTICE D.S.R.VARMA ___________________ JUSTICE K.C.BHANU 07th July, 2008. Ak ..... 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