IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 23268 of 2007 Between: Lingineni Lakshamaiah Chowdary S/o.Late L.Krishna Rao R/o. Flat No. 501, Yaganti Towers (JEM) 7th Lane, Brundavan Gardens, Guntur. ..... PETITIONER AND 1 The Station House Officer, Pattabhipuram Police Station, Guntur Town, Guntur District. 2 K.Punna Rao S/o.K.Krishna Rao Opp:SVN Colony Park, SVN Colony, Guntur. 3 Tulabandula Shiva Jyothi W/o.Paripurna Krishna Rao, R/o. 1-10-16/401, Rajaratna Mansion, Ashok Nagar, Hyderabad. 4 Tulabandula Paripurna Krishna Rao S/o.Venkata Surya Narayana, R/o. 1-10-16/401, Rajaratna Mansion, Ashok Nagar, Hyderabad. .....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 Writ, order or direction more in the nature of Habeas Corpus or any other appropriate writ declaring the action of the respondent No.1 in not producing petitioner's wife by name Lingineni Monika Praveena (Tulabandhula Monika Praveena) from the illegal detention from the respondent 2 to 4 who illegally detained the petitioner's wife from 24.10.2007 onwards as illegal, arbitrary, and contrary to the Art. 21 of the Constitution of India and consequently direct the respondents to produce her and set her free forthwith so as to enable her to come and join with the company of the petitioner. And pass such other order or orders. Counsel for the Petitioner: MR.V.V.LAKSHMI NARAYANA Counsel for Respondent No.1: THE ADVOCATE GENERAL Counsel for Respondent Nos.2 to 4: SRI B.S. PRASAD The Court at the stage of admission made the following : ORDER: (per Sri A. Gopal Reddy, J) This is a writ of writ of habeas corpus filed by the petitioner alleging that his wife Lingineni Monika Praveena (Tulabandhula Monika Praveena) has been illegally detained by respondent Nos. 2 to 4 from 24-10-2007 and thus seeks for a direction to produce her before the Court and set her at liberty forthwith. When the alleged detenue was produced before this Court on 04-02-2008, it was reported that on the complaint made by her, a case in Crime No. 498 of 2007 was registered by Chikkadpally Police Station against the petitioner and investigation is taken up. The alleged detenue was produced before the learned II Metropolitan Magistrate, Secunderabad on 15-11-2007 and her statement under Section 164 Cr.P.C was recorded. Learned Advocate General now produced a copy of the charge sheet said to have been filed against the petitioner for the offence under Section 498-A and 506 IPC before the XIII Additional Chief Metropolitan Magistrate, Hyderabad. The statement of the alleged detenue recorded by the police discloses that she has not been illegally confined. In view of the same, we do not see any merit in the allegation that the wife of the petitioner has been illegally detained by respondent Nos. 2 to 4. The writ petition is accordingly dismissed. The parties are at liberty to avail the remedies as available under law. The Investigating Officer is directed to communicate a copy of the charge sheet to the alleged detenue for availing the remedies. A.GOPAL REDDY, J B.SESHASAYANA REDDY, J 08-04-2008 ks ………... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Pattabhipuram Police Station, Guntur Town, Guntur District. 2 2 CCs to the Advocate General, High Court of Andhra Pradesh, Hyderabad (OUT). 3 2 CD copies.