IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JANUARY 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 : 11516 of 2008 Between: Malli Ajay S/o.Samuel R/o. 27-1-519, Masid Center, Balaji Nagar, Nellore District. ..... PETITIONER AND 1 Superintendent of Police, Nellore, Nellore District. 2 The Station House Officer, P.S. Balaji Nagar, Nellore. 3 Ballani Sukhadev S/o.late Immanuel R/o.Opp: Anjaneya Swami Temple, Seethanagaram, Tadepalli (V), Mangalagiri (M), Guntur District. 4 Ballani Padmavathi W/o.late Immanuel R/o.Opp: Anjaneya Swami Temple, Seethanagaram, Tadepalli (V), Mangalagiri (M), Guntur District. 5 Epshiba W/o.S.Vijay Kumar Chittoor 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 to issue a Writ, order or direction more particularly one in the nature of Writ of Habeas Corpus directing the Respondents to produce the minor detune Kum.Sadhana D/o.M.Ajay, R/o. 27-1-519, Masied Center, Balaji Nagar, Nellore, before this Hon'ble Court and set her liberty forthwith, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:SMT.S.V.INDIRA Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following Order:(per Hon’ble Sri Justice K.C.Bhanu) This Writ Petition is filed to issue a writ of Habeas Corpus directing the respondents to produce the minor girl, Kum. Sadhana. The second respondent filed a detailed counter affidavit stating that basing on the report given by the petitioner about missing of the girl viz. Kum. Sadhana, a case in Cr.No.78 of 2008 was registered under Section 363 IPC and was investigated into. During the course of investigation, the girl and the third respondent were traced and they are produced before the Court. According to the girl and boy, they married in the Church. Counsel for the petitioner also made available a copy of the date of birth certificate of the daughter of the petitioner, which shows her date of birth as 06-06-1990. On the basis of the said birth certificate, she appears to be a major and as she was not confined illegally or wrongfully in any custody, question of issuing Habeas Corpus does not arise. The writ petition is devoid of merits and the same is liable to be dismissed. The Writ Petition is, accordingly, dismissed. No costs. --------------------------------- JUSTICE D.S.R.VARMA -------------------------------- JUSTICE K.C.BHANU Dt:01.07.2008. usd