THE HON'BLE SRI JUSTICE A. GOPAL REDDY & THE HON'BLE SRI JUSTICE B. CHANDRA KUMAR WRIT PETITION No:8740 OF 2011 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) The petitioner-mother of Narra Sruthi filed this writ petition for production of her daughter- Sruthi, aged about 17 years, alleging that her daughter is illegally detained by the 4th respondent and his parents, and inspite of her complaint with the 3rd respondent-police, who registered a case in Crime No.32 of 2011 for the offence punishable under Sections 341, 342, 323 r/w 34 IPC, they failed to locate her daughter and handover her custody to her. The 3rd respondent filed a counter-affidavit stating that the said Narra Sruthi lodged a complaint with Pedapadu police station stating that when she refused the proposal of the 4th respondent, who is neighbour, to marry him, he bore grudge against her and taking advantage of the photos and CDs with him, he is blackmailing her. On receipt of the said complaint, a case in crime No.32 of 2011 was registered for the offence punishable under Sections 341, 342, 323 r/w 34 IPC. It is stated that during the course of investigation, it came to light that there is love affair between the alleged detenu and the 4th respondent and they saw the alleged detenu coming out of the house of the 4th respondent on 13.3.2011 morning and while investigation is in progress, the alleged detenu herself came to the police station on 19.3.2011 and submitted a Notarised affidavit signed by B. Achutha Rao, stating that she lodged a complaint against the 4th respondent but the contents in the said complaint are not true and the said complaint was given at the instigation of her mother and that she married the 4th respondent on 16.3.2011 at 7.30 p.m., before the village elders at the tomb of St. Joseph Thambi near St. Joseph’s Church, Pedda Avutupalli village, Gannavaram Mandal, Krishna District and requested not to take any action on the complaint lodged by her. Along with the counter-affidavit, the statement of the alleged detenu and also the photographs evidencing her marriage with the 4th respondent were also enclosed. Today, the alleged detenu and the 4th respondent are produced before this Court. On examination of the alleged detenu, she stated that her date of birth is 11.8.1991, but not 11.8.1993 as recorded in the SSC certificate and she has not been illegally confined by the 4th respondent or his parents. She further stated that she is willing to stay with her husband as she fell in love and married the 4th respondent on her own accord. Learned Counsel for the petitioner submits that since the petitioner is aged about 17 years and five months, the custody of the detenu should be given to the petitioner-mother by issuing a writ of Habeas Corpus. We do not find any force in the contention of the learned Counsel for the petitioner in view of the law declared by this Court in Makemalla Sailoo Vs. Superintendent of Police, Nalgonda District and others[1] , and we have no option except to allow the alleged detenu to go along with her husband-4th respondent as she is more than 17 years of age. Further, the material on record goes to show that there is no illegal confinement of the alleged detenu by the 4th respondent or his parents. In view of the same, the issuance of writ of mandamus sought in this writ petition does not arise. Accordingly, the writ petition is dismissed. ______________________ Justice A. Gopal Reddy ________________________ Justice B. Chandra Kumar Date: 11.4.2011 Nn. THE HON'BLE SRI JUSTICE A. GOPAL REDDY & THE HON'BLE SRI JUSTICE B. CHANDRA KUMAR WRIT PETITION No:8740 OF 2011 (ORDER delivered by Hon’ble Sri Justice A. Gopal Reddy) 11.4.2011 [1] 2006(2) ALD 290(DB)