HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO W.P.No.16374 of 2011 Dated: 27-06-2011 Between: G.Changama Naidu …Petitioner AND The Superintendent of Police, Chittoor, Chittoor District and others Respondents. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO W.P.No.16374 of 2011 ORDER: (Per Hon’ble Sri Justice A.Gopal Reddy) Petitioner filed this writ petition under Article 226 of Constitution of India seeking a writ of habeas corpus to direct the respondents to produce his niece-Nallabotu Tulasi before this Court and to set her at liberty forthwith. According to the petitioner, after the death of parents of the alleged detenue, she is under the care and custody of her maternal grandparents. While so, on 7.1.2011, third respondent kidnapped the alleged detenue and therefore, he lodged a complaint with the police on 1.1.2011, on which basis, a case in Crime No.10 of 2011 was registered under Section 366-A IPC, but so far, no action has been taken. Sub-Inspector of Police, Gangavaram Police Station, Chittoor District-2nd respondent herein filed a counter affidavit stating that on the complaint lodged by the petitioner, a case was registered under Section 366-A IPC and investigation was taken up. While so, the alleged detenue herself came to the police station and gave a statement to the effect that while she was studying intermediate at Vivekananda College, Chittoor, her grandparents abruptly stopper her education under the guise of performing her marriage and as she is not interested to get married, she left the house on 7.1.2011 and came to Palamaner and from there went to Bangalore and stayed at her relative’s home. On that, she was produced before the Judicial First Class Magistrate, Palamaner, who recorded her statement under Section 164 Cr.P.C. and later on her wish, she was handed over to her paternal uncle-4th respondent. Since the alleged detenue is not under illegal custody and her custody is given to 4th respondent by lawful orders passed by the Magistrate issuance of writ of habeas corpus for handing over custody of alleged detenue to the petitioner does not arise. Accordingly, the writ petition is dismissed granting liberty to the petitioner to avail the remedies available to him under Guardians and Wards Act for custody of the alleged detenue, if so advised. No costs. ________________ A. GOPAL REDDY, J. __________________ JUNE 27, 2011 RAJA ELANGO, J. Tsr.