IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST 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 : 7623 of 2009 Between: Smt. Manorama Devi, W/o. CRPF Constable (Mochi), Satya Prakash, CRPF Wife Qtr No. 615 Block No. 47, Type-II, CRPF Group Centre, R/R Campus Hakimpet Sec. bad. ..... PETITIONER AND 1 The Govt. of India, Rep by its Secretary, Ministry of Home Affairs, South Block, New Delhi. 2 The Govt. of A.P. Rep by its Secretary, (Through P.S. S.R. Nagar, P.S. Chandrayanagutta) 3 The Inspector General of Police (Medical), Dr. Mahapatra(Non IPS), CRPF Composite Hospital/Base Hospital-II, Chandrayangutta, Keshogiri Post, Hyderabad. 4 The DIGF (Non IPS), Mr. Sanjay Kaushik, Group Centre, CRPF,. R.R. District, Hakimpet Post, Secunderabad. 5 The Superintendent, Institute Of Mental Health Mental Hospital, Yerragadda, Hyderabad. .....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 order or direction more particularly one in the nature of Writ of Habeas Corpus directing the 5th respondent herein to produce CRPF Constable (Mochi) Satya Prakash before this Hon'ble Court and consequently shall be set at libery with immediately effect from the unlawful, illegal, wrongful and unjustifiable detention of the 5th respondent and allow him to meet his family members and move freely like other CRPF Personnel Posted along with him and pass Counsel for the Petitioner:MR.NARINDER PAL SINGH Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No. 7623 OF 2009 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) By means of filing this writ petition, petitioner seeks a direction to the 5th respondent-Medical Institute to produce her husband by name Satya Prakash before this Court and to set him at liberty. According to the petitioner, as her husband, who is working as Constable (Mochi) in CRPF, Ranga Reddy District was suffering from cold and cuff from 19.3.2009, the 3rd and 4th respondents having grudge against him, illegally confined him in the Mental ward of CRPF Hospital at Chandrayangutta, Hyderabad and when she reported the matter to the police of Chandrayangutta Police Station on 20.3.2009, the respondents 3 and 4 shifted him to the Mental Hospital, Erragadda, S.R.Nagar. According to her, on 20.3.2009 i.e. before the alleged detenu was forcibly admitted in the Mental Ward of CRPF Hospital at Chandrayangutta, he performed his duties peacefully and there is no medical history of his mental illness. The alleged detenu has applied for 60 days leave on account of death of his father and he has also filed W.P.No.23901 of 2008 challenging his transfer orders and therefore, he is being harassed by the 4th respondent with the help of 3rd respondent. Therefore, she seeks for production of her husband before this Court and to set him at liberty. The Inspector of Police, S.R.Nagar Police Station, Hyderabad filed a counter affidavit stating that the Deputy Inspector General of Police (Group Centre), CRPF, Ranga Reddy District lodged a complaint with S.R.Nagar Police Station on 15.4.2009 stating that one Satya Prakash (alleged detenu) while undergoing treatment at Erragadda Mental Hospital, deserted the said hospital on 13.4.2009 without the permission of the hospital authorities and since then he was missing. On the basis of the said complaint, a case in Crime No.522 of 2009 under the head of ‘Man Missing’ was registered and investigation was taken up. Yesterday i.e. on 20.4.2009 after tracing out the whereabouts of the alleged detenu, the S.H.O. of S.R.Nagar Police Station produced him before this Court by way of Lunch Motion and he was directed to be produced before this Court today with a further direction that the C.R.P.F. personnel should present before this Court for taking the custody of the alleged detenu for readmitting him in the Mental Hospital, Erragadda. As per the directions of this Court dated 20.4.2009, one Mr.Dil Shah Ali, Assistant Commander, C.R.P.F. is present in the Court today and the Police of S.R.Nagar Police Station, Hyderabad brought the alleged detenu to this Court. We accordingly direct the S.H.O. of S.R.Nagar Police Station to hand over the custody of the alleged detenu to Mr.Dil Shah Ali, Assistant Commander of C.R.P.F. so that he can be admitted at Erragadda Mental Hospital, Hyderabad for treatment. The petitioner is at liberty to accompany her husband to the Erragadda Mental Hospital and the hospital authorities shall permit her to visit her husband during the treatment period in the hospital. Accordingly, the writ petition is disposed of. No costs. _________________ (A. GOPAL REDDY, J.) _______________ (K.C. BHANU, J.) APRIL 21, 2009 TSR