IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT :PRESENT: THE HON'BLE SRI JUSTICE A. GOPAL REDDY AND THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.10078 of 2008 Between: Siddagoni Yadaiah, S/o. Bixamaiah, R/o. Polepally Ramnagar Village, Chintapalli Mandal, Nalgonda District. Petitioner AND 1. The Superintendent of Police, Nalgonda District at Nalgonda. 2. The Station House Officer, Chintapally Police Station, Deverkonda Mandal, Nalgonda District. 3. Pittala Pedda Jangaiah, S/o. Papayya,, R/o. V.T. Nagar Mall (Venkateswara Nagar) Chintapally, Nalgonda District. 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 a appropriate writ or order or direction specially one in the nature of Writ of Habeas Corpus directing the respondent Nos. 1 and 2 herein to produce the detenue Smt. P. Premlatha, W/o. Siddagoni Yadaiah (petitioner herein), who is detained in Home for Girls at Hyderabad, before this Hon'ble Court and set her at liberty by declaring the detention of the detenue in Home for Girls in order dated 26-3-2008 in Crime No. 35 of 2008 and order in MP No. 1709/2008 dated 15-4-2008 on the file of the court of Judicial First class Magistrate, Deverkodna as illegal and arbitrary. The petition coming on for hearing, upon perusing the petition and the affidavit filed herein, and upon hearing the arguments of M/s. D. Radhika, Advocate for the Petitioner and of the Advocate General for the Respondent No.1 & 2 , and the Court made the following ORDER: “The writ petition is filed by the husband of one Smt. P. Premalatha who is detained in Home for Girls at Hyderabad to produce her before this Court and set at liberty. Even as per the order passed by the learned Judicial First Class Magistrate, Devarakonda in Crl.M.P.No.1709 of 2008 in Crime No.35 of 2008, Smt. P. Premalatha crossed 16 years of age and, therefore, her custody should be given to her husband in view of the judgment of this Court in Makemmala Sailoo vs. Superintendent of Police, Nalgodna District (2006 (2) ALT 383). Contd.p/2.. 2 Hence, The Superintendent, Observation Home for Girls, Hyderabad is directed to produce Smt. Pettala Premalatha who is lodged at the said home before this Court tomorrow. Post on 02-05-2008.” . ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Superintendent, Observation Home for Girls, Hyderabad(BY SPL.MESSENGER) 2. The Superintendent of Police, Nalgonda District at Nalgonda. 3. The Station House Officer, Chintapally Police Station, Deverkonda Mandal, Nalgonda District. 4. Pittala Pedda Jangaiah, S/o. Papayya,, R/o. V.T. Nagar Mall (Venkateswara Nagar) Chintapally, Nalgonda District. (2 to 4 BY RPAD) 4. Two CCs to Advocate General, High Court of A.P., Hyderabad (BY SPL.MESSENGER) 5. One CC to M/s. D Radhika, Advocate (OPUC) 6. Two Spare copies KK HIGH COURT AGRJ & BSSRJ DT. 1-5-2008 NOTE: POST ON 2-5-2008 ORDER W.P.NO.10078 OF 2008 DIRECTION Drafted by: KK Drafted on: 1-5-2008 HIGH COURT AGRJ & BSSRJ DT. 1-5-2008 NOTE: POST ON 2-5-2008 ORDER W.P.NO.10078 OF 2008 DIRECTION