IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY 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.13531 of 2008 Between: S.Laxman Kumar Goud S/o. (Late) S.Easwaraiah R/o. 6-492/2/D, Dwaraka Nagar, Chintal, Hyderabad. ..... PETITIONER AND 1 Station House Officer, Atmakur Police Station, Kurnool District. 2 Superintendent of Police Kurnool District, Kurnool. .....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 an order or direction or writ essentially in the nature of Habeas Corpus directing the respondents i.e. the Station House Officer, Atmakur Police Station Kurnool District and also the Superintendent of Police Kurnool District, Kurnool herein above directing them to trace out and produce petitioner's daughter S.Tejashwini, aged about 12 years before this Hon'ble Court and consequently upon such production she may be given to petitioner's custody and pass Counsel for the Petitioner : MR.B.VEERABHADRA RAO Counsel for the Respondents : 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.13531 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 the respondents. 2. This Writ of Habeas Corpus is filed by the petitioner seeking a direction to the respondents i.e. the Station House Officer, Atmakur Police Station, Kurnool District and also the Superintendent of Police Kurnool District, Kurnool, to trace out and produce petitioner's daughter S.Tejashwini, aged about 12 years before this Hon'ble Court and give her custody to the petitioner. 3. The important aspect to be noticed is that the writ petition was filed by one S.Laxman Kumar Goud, who is the father of the alleged missing girl, but the writ affidavit has been signed by Mrs. S.Uma, w/o. S. Laxman Kumar Goud, who is the mother of the alleged missing girl. Therefore, as a matter of fact, this writ petition is to be rejected on that score itself. 4. However, it has been brought to the notice of this Court that the alleged missing girl viz., S.Tejashwini was found in the custody of one Sri Bhaskar, who, in fact, tried to help the missing girl by way of handing over her to the parents, but was unsuccessful. Subsequently, when the police were informed by somebody over telephone, they found the girl in the company of Sri Bhaskar and brought her before this Court. Along with the girl, the mother of the girl, who signed the writ affidavit, is also present before this Court. The police have identified the said lady as the mother of the missing girl and the girl also identified the said lady as her mother. 5. In view of the said fact, there is nothing that can be done by the Atmakur Police. Since the alleged missing girl was produced before this Court by the Kurnool IV Town Police, the role of Atmakur Police fades into insignificance. However, an officer from the Atmakur Police Station, Kurnool District, is present before this Court. 6. Having regard to the facts and circumstances, since the alleged missing girl is now in the custody of her mother viz., Mrs. S.Uma, w/o. S.Laxman Kumar Goud, resident of 6-492/2/D, Dwaraka Nagar, Chintal, Hyderabad, nothing further remains in the writ petition and the same is liable to be closed. 7. In the result, 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 07-07-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Station House Officer, Atmakur Police Station, Kurnool District. 2 Superintendent of Police Kurnool District, Kurnool. 3. Two CCs to the Advocate General, Government of A.P., High Court Buildings, Hyderabad. (OUT). 4. 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.13531 of 2008 07-07-2008 (Msr)