THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.16764 of 2009 Date: 16.09.2009 Between : Revella Yellamma … Petitioner And The Station House Officer, Cyberabad Police Station, L.B.Nagar, Hyderabad and others. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.16764 of 2009 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent Nos.1 to 3. 2. This Writ of Habeas Corpus is filed by the petitioner directing the respondents to produce her husband viz., Revella Babu Rao, who was in the illegal custody of the fourth respondent and her relatives, before this Court and set him at liberty, forthwith. 3. The grievance of the petitioner in this writ petition is that her husband had left the house without leaving any information to her and despite several efforts made, she could not trace her husband. It is her allegation that on coming to know that her husband was in the custody of 4th respondent, she lodged a complaint before the L.B. Nagar (L & O) Police Station and the same was registered as Crime No.862 of 2009 under the head “Man Missing”. However, the police did not take any action against the fourth respondent. Hence the present writ petition. 4. A counter affidavit has been filed by the first respondent- Inspector of Police, L.B. Nagar Police Station, Cyberabad, stating inter alia that pursuant to the registration of Crime No.862 of 2009, the investigation was taken up and the missing person had been traced at Bhadrachalam on 30.7.2009 and his statement was recorded wherein the alleged detenu stated that because of the harassment of the petitioner and his brother-in-law he left the house. 5. However, this Court directed the respondents to get the statement of the alleged detenu be recorded by the competent authority. As a result, the alleged detenu had been produced before the Mandal Executive Magistrate of Saroornagar, who recorded his statement, wherein he again reiterated the events that led to his missing. The statement of the alleged detenu recorded by the Mandal Executive Magistrate is made part of the record. 6. In view of revelations of above facts, it cannot be said that the alleged detenu was illegally detained by anybody and on the other hand, he left the house of the petitioner on his own volition. 7. Therefore, we do not find any merit in the writ petition and the same is liable to be dismissed. 8. Accordingly, the writ petition is dismissed, at the stage of admission. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA __________________________ JUSTICE SANJAY KUMAR 16.09.2009 Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.16764 of 2009 16.09.2009 (Msr)