IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.10105 of 2008 Between: A.Juni Joseph, S/o. A.G.Victor Paul, Care Hospital , Banjara hills, Hyderabad, R/o. H.No.6-3-4/2, Sarada Devi Street, Prem Nagar, Hyderabad. ..... PETITIONER AND 1 The Director General of Police, Government of A.P., Hyderabad. 2 The Superintendent of Police, Guntur, Guntur District. 3 The Station House Officer, Sattenapalli Police Station, Guntur District. 4 D.Laxmaiah, S/o. not known to the petitioner, R/o. Irukupalem Village, Muppaloa Mandal, Sattenapalli, Guntur District. .....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 issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Habeas Corpus , directing the respondents No.1 to 3 herein to produce D.Sirisha, aged about 23 years , who is presentaly in the illegal custody of the 4th respondents at Irukupalem village, Muppala Mandal, Sattenapalli, Guntur District, before this Hon'ble Court and to handover the custody of me. Counsel for the Petitioner : Ms. K.PALLAVI Counsel for Respondent Nos.1 to 3 : THE ADVOCATE GENERAL Counsel for Respondent No.4 : Sri Pottigari Sridhar Reddy The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.10105 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent Nos.1 to 3, and the learned counsel appearing for respondent No.4. 2. This Writ of Habeas Corpus is filed by the petitioner directing respondent Nos.1 to 3 to produce the girl viz., D.Sirisha, aged about 23 years, who was in illegal custody of the fourth respondent at Irukupalem village, Muppala Mandal, Sattenapalli, Guntur District, before this Court and to handover her custody to him. 3. The grievance of the petitioner is that he and the alleged detenu viz., Ms.D.Sirisha fell in love and were willing to marry each other and they got the date of their marriage fixed as 28-04-2008 at Arya Samaj, Sultan Bazar, Hyderabad. In the meanwhile, the girl was illegally taken away by the fourth respondent, who is her father. 4. As per the directions of this Court, the girl Ms. D.Sirisha is present before this Court today. The petitioner is also present before this Court. 5. Upon being questioned by this Court in the open Court, the girl stated that she is aged about 23 years and completed her Staff Nursing Course. She further stated that she is not interested in marrying the petitioner and that she wants to live with her parents only. 6. In view of the statement made by the girl Ms. D.Sirisha and keeping in view her age, we are of the opinion that this Court cannot interfere with the liberty of the alleged detenu and she is at liberty to live anywhere and move freely according to her will and wish. 7. With the above observations, the writ petition is closed, at the stage of admission. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 17-06-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Director General of Police, Government of A.P., Hyderabad. 2 The Superintendent of Police, Guntur, Guntur District. 3 The Station House Officer, Sattenapalli Police Station, Guntur District. 4. Two CCs to the Advocate General, Government of A.P., High Court Buildings, Hyderabad. (OUT). 5. Two C.D. copies. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.10105 of 2008 17-06-2008 (Msr)