THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE G.KRISHNA MOHAN REDDY W.P.No.25551 of 2011 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) The petitioner filed this writ of Habeas Corpus seeking to give a direction to the 3rd and 4th respondents herein to produce her daughters viz., Smt.Sujatha, W/o.Kancharla Chennaiah and Smt.Boppula Rama, W/o.Srinivas, who are alleged to have been illegally detained by respondents 3 and 4 and set them at liberty forthwith. It is the case of the petitioner that her son Donta Ramesh fell in love with one Akula Radha Devi, D/o.Akula Ramakrishna, and her son appears to have married the said Akula Radha Devi and their whereabouts are not known to her and her family members and on a complaint given by the father of the said Akula Radha Devi, the police took up investigation and during the course of investigation, police have taken her both daughters on 09-09-2011 and from that date onwards, they have been illegally detained by the police. A counter has been filed by the Inspector of Police, II Town Police Station, Kurnool, stating that on a complaint given by one Gurvaiah, who is the maternal uncle of Akula Radha Devi, a case in Cr.No.201 of 2011 was registered under the head “girl missing” on 07- 08-2011 and when the girl was missing earlier, a case in Cr.No.119 of 2011 was registered by Markapur Town Police, Prakasham District on 22-06-2011 under the head “girl missing”. Thereafter, as the girl was traced out, the action was dropped in the said matter. It is further stated that during the course of investigation in the present crime, police came to know that the missing girl is in the company of the suspected Ramesh and, therefore, section of law was altered from “girl missing” to Section 366-A IPC. In that connection, police have caused enquiries with the sisters and brothers-in-law of the suspected Ramesh. During the course of investigation, the relatives, sisters and brothers-in-law of the suspected Ramesh were examined to elicit the truth or otherwise in the matter. The police have not detained the daughters of the petitioner at any point of time as alleged by the petitioner and therefore, the allegations made by the petitioner are false and incorrect and as such, the writ petition is liable to be dismissed. The Superintendent of Police filed a status report stating that in connection with crime No.201 of 2011 of Kurnool II Town Police Station, the investigation so far made revealed that the missing girl is found in the company of the suspected Ramesh on 07-08-2011 at Markapur Town. The Habeous Corpus petition is not for tracing the missing girl but for the alleged illegal detention of the daughters of the petitioner. As no reply has been filed by the petitioner to the counter affidavit, in which police have categorically stated that they never detained the daughters of the petitioner and that the alleged detenues were never apprehended or in the custody of the police, we are of the opinion that the writ petition is devoid of merits and the same is liable to be dismissed, as the police have categorically stated that the alleged detenues are not in their custody. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J ____________________________ G.KRISHNA MOHAN REDDY, J Date : 18-10-2011 Prv