THE HON'BLE SRI JUSTICE D.S.R.VARMA and THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.23383 of 2009 Date: 27.11.2009 Between : Afroz Fatima … Petitioner and The Commissioner of Police, Hyderabad and others. … Respondents THE HON'BLE SRI JUSTICE D.S.R.VARMA AND THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.23383 of 2009 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Learned counsel appearing for the petitioner is not present and there is no representation on his behalf. In fact, the matter is being adjourned from time to time at the request of the learned counsel for the petitioner. Therefore, heard the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent Nos.1 to 4, perused the record and the writ petition is being disposed of on merits. 2. This Writ of Habeas Corpus is filed by the petitioner seeking a direction to the respondents for production of her daughter viz., Amreen Fatima, D/o. Syed Sajid Ali, aged 24 years, before this Court and handover her custody to the petitioner. 3. The case of the petitioner is that she is a resident of Nizamabad and her daughter viz., Amreen Fatima is prosecuting her B.Ed. course in Isaac College at Malakpet, Hyderabad, and staying with her sister, who is residing at Chandrayangutta, Hyderabad. While so, she received a phone call from her sister that her daughter is missing from the house since 8.4.2008. Immediately they lodged a complaint with the Inspector of Police, Chandrayangutta Police Station, the 3rd respondent herein. Subsequently, on enquiry, she came to know that her daughter married the 6th respondent, who is a physically handicapped person, and she is in the illegal custody of respondent Nos.5 and 6. Inspite of making complaint to the police, they did not take any action. Hence, the present writ petition. 4. A counter affidavit has been filed by the 3rd respondent-Inspector Police, Chandrayangutta Police Station, Hyderabad, stating inter alia that on 8.4.2008, the father of the alleged detenu came to the Police Station and lodged a complaint stating that her daughter left the house without any intimation and did not return home. Basing on the said complaint, a case in Crime No.95 of 2008 under the head “Girl Missing” was registered and investigation was taken up. During the course of investigation, the complainant and the alleged detenu together came to the Police Station on 10.4.2008 and the statement of the complainant was recorded wherein he stated that his daughter returned home safely and on enquiry he came to know from his daughter that she fell in love with respondent No.6 and married him. He also requested the police to drop further action in the matter. The alleged detenu also stated that she married the respondent No.6 without any force in the presence of the witnesses. Basing on the statements of both the complainant and the alleged detenu before the police, a final report was filed before the Court concerned on 15.4.2009 referring the case as “action dropped”. 5. It is also stated in the counter affidavit that the Tahsildar, Saidabad Mandal, Hyderabad, who is the Mandal Executive Magistrate, visited the alleged detenu, who is residing along with her husband-respondent No.6, at Saidabad, Hyderabad, on 10.11.2009 and recorded the statement of the alleged detenu, wherein she stated that before the marriage itself she knew that respondent No.6 is physically handicapped and married him voluntarily and living with him comfortably. The said statement of the alleged detenu recorded by the Mandal Executive Magistrate, Saidabad, is made part of the record. 6. In view of the statement of the alleged detenu recorded by the Mandal Executive Magistrate, Saidabad, on 10.11.2009, we do not find any reason to disbelieve the facts stated by the police in the counter affidavit. 7. For the foregoing, we do not find any merit in the writ petition and the same is liable to be dismissed. 8. In the result, the writ petition is dismissed, at the stage of admission. No order as to costs. ________________________ JUSTICE D.S.R.VARMA __________________________ JUSTICE R.KANTHA RAO 27.11.2009. Msr ` THE HON'BLE SRI JUSTICE D.S.R.VARMA and THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.23383 of 2009 27.11.2009 (Msr)