IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE 17th DAY OF AUGUST, TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.14366 of 2010 Between: M.Sultana … Petitioner And State of Andhra Pradesh , rep. By its Principle Secretary (Home) and others … Respondents This Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.14366 of 2010 ORDER: - (Per Hon’ble Sri Justice A.Gopal Reddy) The mother of Mahajabeen Sultana-alleged detenue, by name Masarath Sultana, moved the Habeas Corpus jurisdiction of this Court by filing the present writ petition for production of her daughter alleging that she is in illegal confinement by the 10th respondent-husband. According to the petitioner, she lodged a complaint against the 6th to 10th respondents, in crime No.219 of 2008 for the offences punishable under Sections 498A of the Indian Penal Code, 1860 (for short, “IPC”) and Sections 4 and 6 of the Dowry Prohibition Act, 1961 (for short, “D.P.Act”) before the Inspector of Police, WPS, CCS, Hyderabad, with a request to the police authorities to help getting the information of the detenue from her sister-in-law, brother-in-law and other inmates of the house who are the relatives of the 10th respondent and who know about the whereabouts of her daughter. Basing upon the said complaint, the 3rd respondent sprung into action on 19.10.2009 and sent a radio message to all international terminals requesting them to detain the 10th respondent whenever he travels through International terminals and inform him on the furnished telephone numbers. It is further submitted that on 23.11.2009 the Inspector of Police, Immigration, Rajiv Gandhi International Airport at Shamshabad, informed the 4th respondent that a passenger by name Mir Sharyar Ahmed holding Indian Passport No.A9272944 has been intercepted and detained and he is being handed over along with original passport for taking necessary action into the case. It is submitted that her daughter along with her two minor children also accompanied him and subsequently they were brought before the 4th respondent and the same has been informed to the petitioner. The 6th respondent’s son by name Umer accompanied the 10th respondent and the minor children to the police station. She apprehends that at the instance of her husband, who feared detention and arrest, as they were brought from the airport to the office of the 4th respondent, her daughter under coercion and threat has addressed a letter to the 4th respondent stating that she is happy and that since the contents of the complaint are false she requested the police authorities to drop the proceedings. Apprehending that she is under illegal custody of the respondents, the present writ petition has been filed. Counter affidavit has been filed by the 4th respondent stating that on petitioner approaching the police station on 07.08.2008 that her son- in-law is harassing her daughter along with his brother at Jeddah and that her daughter is married to one Mir Shahariyar Ahmed Ali, who is a resident of Malakpet, Hyderabad on 12.03.2004 in Hyderabad and he took her along with him to Riyadh where he is working with United Travels as ticket agent. On the complaint made by the petitioner a case in Crime No.219 of 2008, dated 07.08.2008, was registered for the offences punishable under Sections 498A IPC and Sections 4 & 6 of D.P.Act and took up investigation. On coming to know that the alleged detenue and her husband are residing at Jeddah, Saudi Arabia the investigating officers throughout India were requested to detain the 10th respondent whenever he travels into the international terminals and inform the same to the Deputy Commissioner of Police, Detective Department, Hyderabad city. While so, on 23.11.2009 the alleged detenue along with her husband and two children arrived at Shamshabad Airport and the airport authorities immediately informed the police concerned i.e., Women Police Station, CCS, Hyderabad, that the accused in crime No.219 of 2008 arrived at Shamshabad Airport. On such information, the Station House Officer, Women Police Station immediately rushed to the airport and brought them to the police station and informed the said fact to the Deputy Commissioner of Police. In the presence of Deputy Commissioner of Police, the complainant was informed about the arrival of her daughter and son-in-law and she along with her husband was asked to appear before the police station on the same day. It is submitted that the complainant along with her husband approached the police station and on seeing the complainant, the alleged detenue picked up a heated discussion with her parents and informed them not to interfere into her family affairs and she further gave a requisition in writing to the Sub-Inspector of Police stating that the petitioner herein is blackmailing her and her husband emotionally, mentally and financially and also harassing her to give divorce to her husband. She also further stated in the said petition that the complaint filed by her mother before the police is false and requested the police to drop the action. It is submitted that the final report was filed on 26.10.2009 due to lack of evidence. After filing of the final report, the alleged detenue along with her husband and children appeared before Women Police Station, CCS, Hyderabad. It is submitted that during her appearance, she made it clear before the Police that her parents are unnecessarily meddling with her affairs and she also gave a written complaint to take necessary action against her mother. As the complaint lodged by the petitioner was false, on 25.11.2009 the respondent police informed the Immigration Officers of various International Terminals that the alleged detenue’s husband need not be detained whenever he travels through the International terminals. Accordingly, the alleged detenue along with her family left to Jeddah. Along with the counter the letter addressed by the alleged detenue is also enclosed, which discloses that she is happily leading marital life with the 10th respondent and during her wedlock they were blessed with a boy and a girl and she has no complaint against her husband and that her mother i.e., the petitioner herein has been blackmailing her and her husband emotionally, mentally and financially and threatened her to divorce her husband. The letter addressed by the detenue clearly shows that she is living happy married life since from the last five years and was blessed with two children. From the circumstances also it can be inferred that since from the last five years, no untoward incidents had happened to the alleged detenue. Even if her husband illegally detained her or harassed her, when she was produced before the police station and when her father and mother appeared in the police station, naturally she would have come out with the truth that she is in illegal detention by her husband. Contrary to the same, she wrote a letter on the said date to the Sub-Inspector of Police and also given her contact telephone numbers. In view of the same, this Court cannot give any credence to the contentions advanced by the learned counsel for the petitioner that the alleged detenue has been illegally detained by the 10th respondent at Jeddah and harassing her, as stated by her in the complaint, on which basis the crime is registered. The Writ Petition is accordingly dismissed. However, the petitioner is at liberty to file a protest application to the final report filed by the police in the above crime. ________________ A.GOPAL REDDY, J ____________ K.C.BHANU, J 18th August 2010 lmv