IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH 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.15165 of 2008 Between: Sri Chinthala Mani, S/o. Raghaiah, Vachuruvari Palem Village, Kokkupadu Post, Kota Mandal, Nellore district. ..... PETITIONER AND 1 The Station House Officer, Kota Police Station, Nellore District. 2 Smt. Kanaparthi Suseelamma, W/o. K.Ramachandraiah, R/o. Vachuruvari Palem Village, Kota Mandal, Nellore District. 3 The Women Welfare Sevasadan, Rep by its Warden, Nellore, Nellore District. 4 Smt. Sai Nalini, W/o. Chintala Mani, Hindu, Kokkupadu Post, Kota Mandal, Nellore District. .....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 a writ, direction, order or orders more particularly one in the nature of writ of Habeas corpus directing the respondent Nos.1 & 3 to produce petitioner wife Smt. K.Sai Nalini before this Hon'ble Court and handed over to the petitioner in the interest of justice and pass Counsel for the Petitioner : MR.A.CHANDRAIH NAIDU Counsel for the Respondent No.1 to 3 : THE ADVOCATE GENERAL The Court made the following : THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.15165 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice K.C. Bhanu) Heard learned counsel for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent Nos.1 to 3. 2. The present Writ of Habeas Corpus is filed by the petitioner seeking to direct the respondent Nos.1 and 3 to produce his wife viz., Smt. K. Sai Nalini before this Court and handover her to him. 3. It is alleged that the petitioner married Smt. K.Sai Nalini, the fourth respondent herein, at Sri Kalyana Venkateswara Swamy Temple, Varadayapalem, on 03-10-2007 in the presence of his parents and well wishers. While so, the second respondent herein, who is the grand-mother of the alleged detenu, lodged a complaint before the police alleging that her grand-daughter K.Sai Nalini was kidnapped by the petitioner and basing on the said complaint, a case in Crime No.92 of 2007 was registered and the petitioner was arrested on 17-01-2008. Subsequently, the alleged detenu K.Sai Nalini was produced before the Judicial Magistrate of First Class, Kota, for handing over her to safe custody and for medical examination. Having found that the alleged detenu is a minor as per her School Certificate, the learned Magistrate referred her to Women Welfare Sevasadan, Mahila Pranganam, Nellore. 4. It is the contention of the learned counsel for the petitioner that against the wishes of the girl, she was confined in the Women Welfare Sevasadan, Mahila Pranganam, Nellore, that when she was referred to medical examination, she was aged more than 18 years and, therefore, he prays to issue a direction to the respondents to produce her before this Court. 5. But, as seen from the allegations itself, the girl appears to have studied VII Class and she was a minor. As the minor girl refused to go to her grand-mother’s house or her parents house, the learned Magistrate rightly referred her to Women Welfare Sevasadan, Mahila Pranganam, Nellore, where she is staying. Therefore, the said judicial order cannot be treated as illegal and that the said order is not under challenge before any Court. Therefore, as the fourth respondent is confined in the Women Welfare Sevasadan, Mahila Pranganam, Nellore, in pursuance of the judicial order passed by the learned Magistrate, the question of illegal or wrongful detention does not arise. 6. In the result, the writ petition is dismissed, at the stage of admission, leaving open to the petitioner to workout the remedies available him under law. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 15-07-2008. Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Kota Police Station, Nellore District. 2 The Women Welfare Sevasadan, Rep by its Warden, Nellore, Nellore District. 3. Two CCs to Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. 4. Two C.D. copies. THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.15165 of 2008 15-07-2008 (Msr)