IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 21313 of 2008 Between: Smt. G.Madhavi W/o. Late Parathasarathi R/o. D.No. 5/6, Gandhi Road, Proddatur, Kadapa District. ..... PETITIONER AND 1 The Superintendent of Police Chittoor, at Chittoor. 2 The Circle Inspector, I Town P.S., Chittoor. 3 A.Naresh S/o. Venugopal, R/o. Chowdamma Street, Doddipalli (V), Chittoor District. .....RESPONDENTS 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 pass any appropriate writ, order or direction more particularly one in the nature of " Writ of Habeas Corpus" directing the 1st respondent to produce the petitioner's daughter i.e. Bramha Bhargavi before this Hon'ble Court and consequently direct the 1st respondent to hand over Bramha Bhargavi to the petitioner. Counsel for the Petitioner:MR.SURESH KUMAR REDDY KALAVA Counsel for Respondent Nos.1 and 2: THE ADVOCATE GENERAL The Court made the following : ORDER: (Per GM, J) This writ petition is ﬁled by the petitioner seeking a writ of habeas corpus directing the ﬁrst respondent to produce her daughter, by name Bramha Bhargavi, aged 20 years, before this Court and consequently direct him to handover her daughter to her. The petitioner states that when her daughter- Bramha Bhargavi, was staying at Satya Ladies Hostel at Balaji Colony, Tirupati, for her studies, third respondent got acquainted with her. She states that in the month of August, 2007, her daughter underwent an operation and she has not fully recovered from illness. On 14.05.2008, while her daughter was at hostel, third respondent took her to his native place on the pretext that he can provide better treatment. When the petitioner rushed to the house of third respondent, she was not permitted to see her daughter and she was necked out from there. So, she lodged a complaint at Taluq Police Station, Chittoor, and the police brought her daughter and third respondent along with one Shiva Kumar, who assured that treatment is going on and that they will send her daughter within one week. When her daughter was not sent back, she approached said Shiva Kumar, who informed that the whereabouts of her daughter and third respondent were not known to him and the police also had informed that they are missing. Hence, she filed the present writ petition. The second respondent-Circle Inspector, I Town Police Station, Chittoor, ﬁled counter-aﬃdavit stating that the alleged detenu and the third respondent were produced before the Mandal Executive Magistrate and Tahsildar, Chittoor, who recorded their statements and that the alleged detenu herself categorically stated that she is a major and she married the third respondent on 20.09.2007 with her consent and now, they are residing at Chennai. When the matter is taken up for hearing, the learned counsel representing the Advocate General has produced xerox copies of some marriage photographs, SSC certiﬁcate showing the date of birth of the petitioner’s daughter as 30.09.1987, and the statements of the alleged detenue and third respondent recorded by the Mandal Executive Magistrate and Tahsildar, Chittoor. In view of the statement made by the alleged detenu herself before the Mandal Executive Magistrate and Tahsildar, Chittoor that she married the third respondent on 20.09.2007 with her consent and now they are residing at Chennai, question of issuing a writ of habeas corpus does not arise. Therefore, the writ petition is closed. No costs. _____________________ GHULAM MOHAMMED, J ____________________ G.BHAVANI PRASAD, J Date:14.10.2008 sj ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Superintendent of Police Chittoor, at Chittoor. 2 The Circle Inspector, I Town P.S., Chittoor. 3. 2CCs to the Advocate General, High Court Buildings, High Court of A.P., Hyderabad (OUT) 4. 2CD copies Form-NIC-OGS/WP{KSRANI}