THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.4263 of 2010 ORAL ORDER: (Per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel appearing for the petitioner as well as learned Assistant Government Pleader, representing learned Advocate General, appearing for respondents 1 and 2. 2. The present writ petition is filed seeking issuance of a writ of Habeas Corpus directing respondents 1 and 2 to produce the alleged detenue by name Pittala Mounika, D/o Pittala Komaraiah, aged 17 years, before this Court. 3. The father of the alleged detenue is the petitioner herein. His grievance appears to be that his minor daughter was kidnapped by respondents 3 and 4 along with their associates on 17.12.2009 and since then, the whereabouts of the alleged detenue are not known. It is further alleged that the third respondent and his associates did not release his daughter even after 24 hours, therefore, he lodged a complaint against respondents 3 and 4 to the Police and since no action had been initiated by the Police concerned, the present writ petition came to be filed. 4. Learned Assistant Government Pleader, representing learned Advocate General, appearing for respondents 1 and 2, reports that this Court by an order, dated 01.04.2010, directed that the alleged detenue be kept in the custody of the rescue home belonging to the Women’s Welfare Department, Yousufguda, Hyderabad, pending further orders. Accordingly, she has been kept in the said rescue home after she was being traced and produced before this Court. 5. Now, the petitioner is present before this Court after having the information about the availability of the alleged detenue. 6. Upon being questioned by us in the open Court, the alleged detenue by name Mounika expressed her willingness to stay along with her parents and to go along with the petitioner, who is her father. In view of the strong desire expressed by the alleged detenue to stay along with her parents, the question of going into the other aspects viz., as to whether the alleged detenue, who is a minor girl, was detained illegally or not would fade into irrelevance, and the alleged detenue is at liberty to go and stay along with the petitioner, who is her father. However, the said action of taking away the minor girl forcibly by respondents 3 and 4, and, in the event of any further grievance in this regard, it is always open for the petitioner to lodge a complaint before the Police, if not already filed, and upon any such complaint being filed by the petitioner, it is needless to say, the Police concerned have to initiate necessary proceedings as prescribed under law. 7. With the above observations and directions, the writ petition is disposed of, at the stage of admission. However, there shall be no order as to costs. ______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE RAJA ELANGO 07th April 2010 dr