THE HON'BLE SRI JU​STICE V. ESWARAIAH and THE HON'BLE SRI JUSTICE V. SURI APPA RAO DATED: 01-03-2011 WRIT PETITION No. 2606 OF 2011 Between: Akram Khan ..... PETITIONER AND The Commissioner of Police, Basheerbagh, Hyderabad District and three others .....RESPONDENTS THE HON'BLE SRI JUSTICE V. ESWARAIAH and THE HON'BLE SRI JUSTICE V. SURI APPA RAO WRIT PETITION No. 2606 OF 2011 ORDER: (per Sri V. Suri Appa Rao, J) The petitioner filed this writ petition seeking a writ of habeas corpus declaring the detention of his brother Sri Mukkaram Khan as arbitrary and illegal and to consequently direct the respondents to produce him before this Court. It is stated that the alleged detenu’s marriage was solemnized with one Uzma Shireen, the daughter of the fourth respondent on 11- 04-2010 and thereafter he along with his wife was living at Udgir of Latur District, Maharashtra State and that on 25-01-2011 at about 4.00 PM, the fourth respondent came to the petitioner’s house and threatened with dire consequences stating that he had forcibly accepted to solemnize his daughter’s marriage with the alleged detenu and demanded to pay the amount he spent for the marriage. It is stated that on the request of the petitioner, the alleged detenu came to Hyderabad on 28-01-2011 and tried to settle the issue but the fourth respondent has not shown any interest for settling the issue and started abusing in filthy language and demanded to give divorce to his daughter, but the alleged detenu refused to give divorce. It is also stated that on 29-01-2011 at the instance of the forth respondent, the alleged detenu was taken by the police and thereafter, he did not return home. The third respondent – Stating House Officer, Dabeerpura Police Station, Hyderabad filed a counter affidavit stating that in fact the alleged detenue already married one Fatimunnisa Begum on 08-01- 2010 and thereafter, he again married the daughter of the fourth respondent on 11-04-2010. The police examined Fatimunnisa Begum and her mother, wherein they stated that the alleged detenu married the daughter of the fourth respondent by name Uzma Shireen on 11- 04-2010 and started living with her at Ismail Nagar, Chandrayangutta, Hyderabad and that he met Fatimunnisa Begum and divorced her on 22-07-2010 due to the pressure of the fourth respondent. It is further stated that he again married her on 09-08-2010 and started living with her at Musheerabad and when the fourth respondent came to know about the same, he visited their house and took the alleged detenu to his house at Ismail Nagar, Chandrayangutta. It is also stated that in the month of Ramjan, they took the alleged detenu to Udgir Town and that on 15-09-2010 the alleged detenu went out of the house and did not return home. The third respondent further stated that the fourth respondent had lodged a complaint at Udgir Town Police Station stating that the alleged detunu is missing. He also visited the house of Fatimunnisa Begum at Musheerabad to know about the whereabouts of the alleged detenu, but the family of Fatimunnisa Begum told that they are not aware of the whereabouts of the alleged detenu. He also stated that the police of Dabeerpura Police Station are still continuing the efforts to trace the alleged detenu and the police of Udgir Town Police Station are also making efforts to trace him. The third respondent has also filed a copy of the F.I.R registered by Udgir Police Station in Crime No.12 of 2010. Since crime is already registered by Udgir Police of Udgir City, Latur District, Maharashtra and the investigation of the said crime is still going on, we are of the opinion that as the alleged detenu is missing from Udgir, it is for the Udgir police to investigate into the matter and file final report before the concerned Court. Further, as no reply is filed with regard to the detention of the alleged detenu within the limits of the State of Andhra Pradesh, we are of the opinion that it is just and proper to close the writ petition. The writ petition is accordingly closed. V. ESWARAIAH, J V. SURI APPA RAO, J 01-03-2011 ks