HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY W.P. NO. 19658 OF 2011 Monday, the Tenth day of October, Two Thousand and Eleven Between Chennupalli Murali Petitioner AND The Commissioner of Police, Cyberabad Commissionerate, Gachibowli, Hyderabad and others Respondents THE COURT MADE THE FOLLOWING: ORDER: (per the Hon’ble Sri Justice V.Eswaraiah) Heard. The petitioner who is the father of the alleged detenu Krishna Vamsi, aged 9 years, has filed this writ of habeas corpus for production of his minor son Krishna Vamshi, said to be in the illegal custody of the third respondent, who is the maternal grandfather of the alleged detenu and father-in-law of the petitioner. It is stated that the petitioner has two children namely Bhargava Krishna aged 11 years and Krishna Vamshi aged 9 years and since his wife expired in the year 2003 he contacted second marriage in 2010. It is further stated that he got admitted the alleged detenu Master Krishna Vamshi in fourth standard in St.Anthony’s School, Kompally. Even according to the petitioner, he himself handed over earlier Krishna Vamshi to the third respondent and later was sent back. But he has not stated as to when he handed over Master Krishna Vamshi to the third respondent and when the boy returned. It is further stated that on 19.6.2011 while the boy was playing in front of his house, the third respondent has taken him away. Thus, it is claimed that his son is in illegal custody of the third respondent and, therefore, he is entitled to seek a writ of habeas corpus for the production of his minor son. The second respondent – Station House Officer, Petbasheerabad Police Station, has filed counter affidavit along with the statement of grandfather, the third respondent herein and the minor child, alleged detenu. It is stated that the alleged detenu was staying with the third respondent and studying fourth standard in ABC Convent, Piduguralla. It is also stated that after contacting second marriage, the alleged detenu was taken away by the third respondent with the consent of the petitioner. It is further stated that while the alleged detenu was in the company of the petitioner, the alleged detenue informed the third respondent that his father i.e. the petitioner was coming to the house in a drunken condition and was beating and abusing him and, therefore, he (the alleged detenu) was scared of his father. The counter further shows that in fact, the petitioner himself requested the third respondent to take the alleged detenu with him to Piduguralla and accordingly, the third respondent went to Dhullapalle, Petbasheerabad Mandal, Rangareddy District and took away the alleged detenu to Piduguralla after informing the same to the petitioner. It is further stated that in fact the alleged detenu is intending to stay with the third respondent only. It is also stated that the alleged detenu gave statement to the effect that he himself called the third respondent and narrated the atrocities of his father and his coming to the house in a drunken condition and beating and abusing him (the alleged detenu) and, therefore, the third respondent went to their house at the request of the alleged detenu and took him into his custody. Though the petitioner is the natural father and guardian of the alleged detenu, we are of the opinion that as the third respondent is the maternal grandfather and the person stated to have taken the alleged detenu with the consent and knowledge of the petitioner, it cannot be said now that the alleged detenu is in the illegal custody of the third respondent. Insofar as the rights of the petitioner for custody of the minor child Krishna Vamshi is concerned, it is for the competent Family Court to decide the controversy keeping the interest and welfare of the minor as of paramount consideration. Consequently, the writ petition fails and is accordingly dismissed with a liberty to avail the remedies open to him as per law before appropriate forum. No order as to costs. ___________________ Justice V.Eswaraiah ______________________________ Justice G.Krishna Mohan Reddy October 10, 2011 MAS