IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE T.CH.SURYA RAO WRIT PETITION NO : 5031 of 2008 Between: Smt.P.Padmavathi@ Sampurna Laxmi W/o.P.Kishore R/o.Plot No.60/A K.R.Nagar,Bowenpally, Secunderabad-4 ..... PETITIONER AND 1 The Station House Officer Women Police Station Begumpet Sec-Bad 2 The Dy.Commissioner of Police North Zone Sec-Bad 3 The Commissioner of Police Hyderabad City Hyderabad 4 P.Madhan Mohan S/o.Late P.Kanakaiah, R/o.H.No.2-7-689 Plot No.195, Excise Colony, Sebedari,Hanumakonda Warangal DIst 5 Smt.P.Prabhavathi W/o.P.Madhan Mohan R/o.H.No.2-7-689 Plot No.195, Excise Colony, Sebedari,Hanumakonda Warangal DIst 6 Smt.Kusuma Madhavi W/o.B.Kumaraswamy. R/o.H.No-7-241,Prashanthinagar Revenue Colony Hanumakonda Warangal 7 Smt.P.Kusuma Manjula W/o.B.Kumar, R/o.H.No.2-7-327, Excise Colony Hanumakonda Waralngal Dist 8 D.Kurmaraswamy S/o.Late Komaraiah R/o.H.No.1-7-241 Prashinagar Revenue Colony, Hanumakonda,Warangal Dist 9 B.Kumar S/o.Siddaiah, R/o.2-7-327 Excise Colony Hanumakonda Warangal 10 Smt.Parthima W/o.Srinivas Chary R/o.Hanumakonda Warangal .....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 of Habeas Corpus directing the respondents 1to 3 herein to produce the missing accused No.1 Crime No.44/2005 of WPS Secunderabad ie P.Kishore S/o.P.Madan Mohan aged about 30 Yrs R/o.H.No.2-7-689,Plot No.195 Excise Colony Subedari Hanumakonda Warangal before this Hon'ble Court and pass Counsel for the Petitioner:MR.SURESH BODGE Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : Order: (Per Anil R. Dave, CJ) This Habeas Corpus petition has been filed by the wife who has already filed a complaint against her husband under Section 498-A of the Indian Penal Code. It appears that Accused No.1-P.Kishore in Crime No. 44 of 2005 of Women Police Station, Begumpet, who is the husband of the present petitioner is absconding. It is also the case of the petitioner that the said accused is not in police custody. In such a case, admittedly, when the petitioner believes that her husband is not in police custody and he is avoiding his arrest, in our opinion, this petition for Habeas Corpus is not maintainable at the instance of the wife. The petition is dismissed with no order as to costs. ANIL R. DAVE, CJ T.CH.SURYA RAO, J 11th March, 2008 GRR