IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETH DAY OF JULY 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.28369 of 2007 Between: Munukuntla Venkanna, S/o.Ramanji, R/o.Nandipahad village, Miryalaguda Mandal, Nalgonda District. ..... PETITIONER AND 1 The Director General of police, Government of A.P., Saifabad, Hyderabad 2 The Superintendent of Police, Nalgonda District. 3 The Deputy Superintendent of Police, Miryalaguda, Nalgonda District. 4 The Station House Officer, Miryalaguda Rural P.S., Nalgonda District. 5. Mr. Madhu, C/o. Seema, w/o. Nagaraju, Nandipahad village, Miryalaguda Mandal, Nalgonda 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 writ or order or direction more particularly one in the nature of writ of Habeas Corpus to direct the respondents to produce my daughter Swathi, aged about 13 years who was kidnapped by the supra mentioned culprits from Nandipahad village, Miryalaguda Mandal, Nalgonda district before this Hon`ble Court forthwith. Counsel for the Petitioner : MR.M.A.NAYEEM Counsel for the Respondent Nos.1 to 4 : THE ADVOCATE GENERAL Counsel for the Respondent No.5 : Ms. S.ANURADHA 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.28369 of 2007 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent Nos.1 to 4, and also the learned counsel for respondent No.5. 2. The grievance of the petitioner in this writ petition is that the fifth respondent has illegally detained his daughter viz., Ms.Swathi, aged about 13 years. 3. On earlier occasion, pursuant to the orders of a Division Bench of this Court, the alleged detenu viz., Ms. Swathi along with the fifth respondent-Mr. Madhu, who allegedly detained her, was produced before the Court on 17-01-2008 and it was observed by the Division Bench as follows: “As the boy Mr. Madhu stated that he is aged about 17 years and has not attained majority to get the girl married to him and also that the detenu- girl is aged about 14 years, the custody of the girl is given to her parents, who are present in the Court, directing them to send the girl to school and also that they shall not perform her marriage until she attains 18 years of age.” Subsequently, the Division Bench, having found that the alleged detenu was aged about 15 years and the fifth respondent being 17 years old and not attained the majority, gave custody of the alleged detenu to her parents. Thereafter, the matter underwent several adjournments from time to time. 4. As per the directions of this Court, the alleged detenu and the fifth respondent are present before this Court today. 5. Upon being questioned by this Court in the open Court, the alleged detenu stated that she wants to live with her parents only and continue her studies. 6. From the proceedings recorded by this Court, there is no mention of any marriage allegedly being performed between the fifth respondent and the alleged detenu. Though there was some liking between the fifth respondent and the alleged detenu, since the factum of the marriage being performed has not been referred to, we presume that there was no marriage at all. 7. Therefore, in view of the age of the fifth respondent, particularly keeping in view the age of the alleged detenu, who is just 15 years old, we feel it expedient to give the custody of the alleged detenu to her parents, as expressed by her before this Court. 8. In view of the above, nothing remains for adjudication in the writ petition and the same is liable to be closed. 9. Accordingly, the writ petition is closed. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 09-07-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Director General of police, Government of A.P., Saifabad, Hyderabad 2 The Superintendent of Police, Nalgonda District. 3 The Deputy Superintendent of Police, Miryalaguda, Nalgonda District. 4 The Station House Officer, Miryalaguda Rural P.S., Nalgonda District. 5. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 6. 2 CD copies. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.28369 of 2007 09-07-2008 (Msr)