THE HON'BLE SRI JUSTICE A. GOPAL REDDY & THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No:12536 OF 2011 Dated: 22.6.2011 Between: N. Adinarayana .. Petitioner And The Superintendent of Police, Krishna District and others. .. Respondents. This Court made the following THE HON'BLE SRI JUSTICE A. GOPAL REDDY & THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No:12536 OF 2011 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) The petitioner, who is the father of minor children viz., 1) Ramakrishna 2) Hemanth Raj and 3) Hemanth Kumar, filed the present writ petition for production of the said children before this Court and for setting them at liberty forthwith from illegal custody of respondents 3 to 5. It is not in dispute that the petitioner was charged for the offence punishable under Section 498-A and 306 IPC in S.C.No.90 of 1999 on the file of the Additional Sessions Judge, Eluru and the said Sessions Case was ended in acquittal. Since the date of death of their mother, the minor children have been in custody of their maternal uncle and eversince, he has been looking after their welfare and he also admitted the children in a school by name, Seventh Adventist School situated at Vyshalinagar Post, Hastinapuram South, Hyderabad. The elder boy is now prosecuting intermediate II year whereas the other two boys, who are twins, are studying 10th class. From the date of acquittal i.e., 10.11.2010 the petitioner has not made any efforts to take back his children and to look after their welfare. It is also admitted by the petitioner that he got married another lady by name Laxmi on 20.5.2002 and she has given birth to a female child and he has been living with them since 2002. On examination of all the children, who are produced before this Court, they stated that they could not admit the petitioner as their father, and they also stated that they are living with their maternal uncle, who is looking after them by bearing school and college fee. Having regard to the fact that the children are admitted in a school and are prosecuting their studies, it cannot be said that they are in illegal custody and therefore, the question of setting them at liberty in the present proceedings does not arise. Accordingly, the writ petition is dismissed. However, the petitioner is always at liberty to avail the remedies available to him before the appropriate forum. ___________________ Justice A. Gopal Reddy ________________ Justice Raja Elango Date: 22.6.2011 Nn. THE HON'BLE SRI JUSTICE A. GOPAL REDDY & THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No:12536 OF 2011 (ORDER delivered by Hon’ble Sri Justice A. Gopal Reddy) Dated: 22.6.2011