THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.10437 of 2011 ORDER: (Per Hon’ble Sri Justice A.Gopal Reddy) The maternal grandmother of the alleged detenus, namely, C.Trivikram and C.Yuvanraj, aged about five years two months and three years five months respectively, filed this writ petition for issuance of writ of Habeas Corpus contending that her grand children are in wrongful confinement of her son-in-law, namely, Mr.C.Ramachandrudu. Admittedly, based on the complaint lodged by the petitioner with regard to the death of her daughter-Smt.C.Sumathi, the second respondent herein registered a case in Crime No.328 of 2010 for the offence under Section 174 Cr.P.C and investigation is in progress. In response to the notice, the second respondent-Inspector of Police, Saidabad Police Station filed a counter-affidavit stating that the marriage between the petitioner’s daughter, namely, Sumathi and one C.Ramachandrudu took place about six years back and they were blessed with two sons; that the petitioner also stayed with her daughter; that while so, on 27.09.2010, the petitioner’s daughter suffered from vomiting and was admitted in Lakshmi Narasimha Hospital, Saidabad, Hyderabad and that on the advise of the doctors of the said Nursing Home, the petitioner shifted her daughter to Yashoda Hospital, Malakpet, where the doctors, after examining the daughter of the petitioner, declared her dead. It is further stated that based on the complaint lodged by the petitioner, a case in Crime No.328 of 2010 was registered for the offence under Section 174 Cr.P.C; that on the basis of the request of the Investigating Officer, he deputed the Tahsildar (Inquests) to conduct inquest over the dead body of the deceased on 28.09.2010; that the doctor, who conducted post mortem examination over the dead body of the deceased on 28.09.2010 gave a report stating that the approximate time of death is 12 to 24 hours prior to the post mortem examination and the opinion on the death would be given after receipt of reports from the A.P. Forensic Science Laboratory, Hyderabad and that investigation is still going on and after receipt of reports from the F.S.L, further action will be taken on the said complaint. Admittedly, the grand children of the petitioner are under the custody of their father. According to the petitioner, when she went to the house of her son-in-law, who is residing at H.No.18-1371, Judicial Colony, Near Vartha Office, Kurnool District, she was not allowed to see her grand children. Having regard to the facts and circumstances of the case, issuance of writ of habeas Corpus does not arise. The remedy, if any, for the petitioner is to approach the Family Court under the Guardians and Wards Act, 1890 and can seek custody of her grand children and it is for the Family Court to enquire into the matter and pass appropriate orders. The writ petition is accordingly dismissed __________________ A.GOPAL REDDY, J __________________ RAJA ELANGO, J Dated 25.04.2011 va