IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST 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.15492 of 2008 Between: Kallur Ramudu, S/o.Nagappa, R/o.Pedda Nalatur, Gonegandla Mandalam, Kurnool District. ..... PETITIONER AND 1 The Superintendent of Police, Kurnool, Kurnool District. 2 The Station House Officer, Gonegandla Police Station, Gonegandla (M), Kurnool District. 3 Golla Ramudu S/o.Korrala Venkanna R/o. Polavellu Belegal (M), Kurnool District. 4 Golla Narayana S/o.Yellappa R/o. Polavellu Belegal (M), Kurnool 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 a writ order or direction more particularly one in the nature of Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the detenue i.e., Gokaramma D/o. Kallur Ramudu, aged about 19 years, and set her liberty, and pass such other order or orders. Counsel for the Petitioner : MR.ALLAGADDA CHANDRA SEKHARA RAO Counsel for the Respondent Nos.1 and 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 WRIT PETITION No.15492 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 and 2. 2. This Writ of Habeas Corpus is ﬁled by the petitioner seeking a direction to respondent Nos.1 and 2 to produce his daughter viz., Gokaramma, aged about 19 years, who was in illegal custody of the third respondent herein, before this Court and set her at liberty. 3. The grievance of the petitioner is that her daughter’s marriage was performed with one Golla Ramudu, the third respondent herein, two years ago. After the marriage, since the petitioner came to know that his son-in-law was suﬀering from some ill-health, he and his family members did not allow the alleged detenu to join her husband. It appears that respondent No.3 and his men took the alleged detenu forcibly and got consumation of the marriage. Though the petitioner reported the matter to Gonegandla Police Station, the police did not receive the complaint as one Constable, by name Sri Pedda Eeranna, who is the relative of respondent No.3, was working in the said Police Station. The petitioner moved the Judicial First Class Magistrate, Pathikonda, Kurnool District, by way of a private complaint and on coming to know about the same, the alleged detenu was returned to him. Therefore, he did not proceed further in the criminal case. While so, on 12-07-2008, respondent No.2 along with his henchmen attacked his house and robbed some gold ornaments and the petitioner suspects that the Constable Mr. Pedda Eeranna might have sent the police to attack his house. It is also stated that when he went to the Police Station at about 8-00 a.m., on 13-07-2008 to lodge a complaint, nobody is present in the Station. Hence, the present writ petition. 4. A counter aﬃdavit has been ﬁled by the Sub-Inspector of Police, Gonegandla Police Station, Kurnool District, representing the second respondent herein, narrating the circumstances that led to filing of this writ petition, the details of which need not be referred to for the simple reason that it is not in dispute, as stated by the learned counsel for the petitioner and also as mentioned in the writ aﬃdavit, that the alleged detenu, being aged about 19 years, is a major. It is also not in dispute that she married to the third respondent. It appears, because of the disputes between the petitioner and the third respondent herein, who are father-in-law and son-in- law, respectively, the alleged detenu is being subjected to agony. 5. However, the alleged detenu viz., Gokaramma is present before this Court today and upon being questioned by this Court in the open Court, she stated that she wants to live with her husband only. 6. In view of the said strong willingness of the alleged detenu to live with her husband and also 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. For the foregoing, there are no merits in the writ petition and the same is liable to be dismissed. 8. 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 04-08-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Superintendent of Police, Kurnool, Kurnool District. 2 The Station House Officer, Gonegandla Police Station, Gonegandla (M), Kurnool District. 3. Two CCs to the Advocate General, Government of A.P., High Court Buildings, Hyderabad. (OUT). 4. 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.15492 of 2008 04-08-2008 (Msr)