IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELVETH 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.11400 of 2008 Between: N. Naveen Kumar S/o. Late Sri. N.Satyanarayana Rao Garu R/o. Flat No. 101, Raghuram Valley, Plot No. 356A, M.L.A.Colony, Road No. 12, Banjara Hills, Hyderabad-500 034. ..... PETITIONER AND 1 State of A.P., rep. by its Secretary, Home Department, A.P.Secretasriat, Hyderabad. 2 Commissioner of Police, Visakhapatnam, A.P. 3 Station House Officer, IV Town Police Station, at Visakhapatnam. 4 Gadhiraju Ramaiah, H.No. 45-51-3, Abid Nagar, Akkayapalem, Visakhapatnam. .....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 of Habeas Corpus tot he respondents to produce the wife of the petitioner, Smt. Naraharisetty [ Gadhiraju] Chaitanya Forthwith bwefore this Hon'ble court and direct her safe custody to such place as she deems herself secure. Counsel for the Petitioner : MR. T.JAGDISH Counsel for the Respondent Nos.1 to 3 : 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.11400 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 to 3. 2. This Writ of Habeas Corpus is filed by the petitioner, who is no other than the husband of the alleged detenu viz., Smt. Naraharisetty (Gadhiraju) Chaitanya, on different grounds directing respondent Nos.1 to 3 to produce her wife before this Court and set her at liberty. 3. On the earlier occasion, the respondents were directed to trace and produce the alleged detenu before this Court today i.e., on 12-08-2008. However, since the alleged detenu was traced even before, it was felt desirable by the respondents to produce her before this Court, forthwith. As a consequence thereof, the alleged detenu had been produced before this Court on 11-08-2008 after taking permission of the Court. However, it appears that the learned counsel for the petitioner has not been timely informed. Having regard to the inconvenience caused to the learned counsel for the petitioner, this Court felt it necessary to direct the alleged detenu to stay back till today i.e., 12-08-2008 and necessary arrangements, in this regard, have been made for her stay along with her parents, of course, at the cost of the petitioner. 4. As directed by this Court, today the alleged detenu had been produced before this Court by the respondents. Upon being questioned in the open Court, the alleged detenu stated that she was not illegally detained by anyone and presently she has been living with her parents on her own volition. 5. In view of the fact that both the petitioner and the alleged detenu are husband and wife, respectively, particularly in view of the fact that the alleged detenu is a major, she is at liberty to stay anywhere and move freely according to her will and wish. 6. Therefore, we feel it inexpedient to continue the writ petition any further, inasmuch as, there is no illegal detention, as spoken to by the alleged detenu herself. 7. With the above observations, the writ petition is closed, at the stage of admission. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 12-08-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary to Government, Home Department, Government of A.P., Secretariat, Hyderabad. 2 Commissioner of Police, Visakhapatnam, A.P. 3 Station House Officer, IV Town Police Station, Visakhapatnam. 4. Two CCs to the Advocate General, Government of A.P., High Court Buildings, Hyderabad. (OUT). 5. 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.11400 of 2008 12-08-2008 (Msr)