IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 2000 of 2009 Between: Smt. Cheekatipalli santharatnam, D/o. Lankapalli Asheervadam R/o. Skinnerapura Vilalge, Attili Manal, West Godavari District. ..... PETITIONER AND 1 Sheik Amanullah, S/o. Atavullah, R/o. H.No.12-718, Kilanivari Veedhi, Kovvuru(M), W.G.District. 2 The Sub.Inspector of Police, Attili Police Station, West Godavari District. 3 The Station House Officer, Attili Police Station, West Godavari District. 4 The Sueprintendent of Police, West Godavari District, Eluru 5 The State of A.P., Rep by the Principal SEcretary, Home Department, Secretariat of A.P., Hyederabad. .....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 issue an order, direction or Writ, more particularly one in the nature of Writ of Habeas Corpus declaring that the action of the 1st Respondent in detaining the Petitioners Minor Daughter in his custody by force and the inaction of the Respondents 2 and 3 in not taking steps for her release, is illegal and further direct the 1st Respondent to forthwith produce the Petitioners Daughter, Sruthi before this Hon'ble Court and set her free and as such other order or orders as this Hon'ble Court may deem fit and suitable in the interest of justice Counsel for the Petitioner: MR.PALLE RAJESHAM Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following : ORDER: (per Hon’ble Sri Justice A. Gopal Reddy) The petitioner, who is the mother of the alleged detenue, namely, Sruthi, filed this writ petition for production of her daughter, who is alleged to have been in the illegal custody of the first respondent. On the complaint lodged by the petitioner a case in Crime No.56 of 2008 was registered against the first respondent on 15.11.2008 for the offence punishable under Section 363 IPC. Further, the alleged detenue also lodged a complaint with the State Human Rights Commission of Andhra Pradesh on 14.11.2008, on which a case was registered against the petitioner. It is stated that the alleged complaint sent to the Human Rights Commission is not the handwriting of the alleged detenue and that the first respondent, who has illegally detained the alleged detenue, might have sent the said complaint. Today the alleged detenue present in the Court along with the first respondent, whom she married and converted into Islam religion. When we examined the alleged detenue she asserted that her date of birth is 15.02.1991 as recorded by the Board of Secondary Education, which is also filed along with the petition, and she is a major. She denied the illegal detention by the first respondent and not willing to go back to her parents. Therefore, we do not see any merit in the contents of the petition that the alleged detenue has been illegally detained by the first respondent. Accordingly, the Writ Petition is dismissed. ___________________ (A.GOPAL REDDY, J.) _____________ (K.C. BHANU, J.) 27th April, 2009 Js.