This oral order addressed a writ petition for habeas corpus to produce the petitioner's sister, allegedly in illegal custody. The court noted the detenu was traced and produced. As she is a major with liberty to move, no further orders were passed and the petition was closed at the stage of admission.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTIETH DAY OF JULY TWO THOUSAND AND NINE
PRESENT THE HON'BLE SRI JUSTICE D.S.R.VARMA and
THE HON'BLE SRI JUSTICE R. KANTHA RAO
WRIT PETITION No. 7021 of 2009
Between:
Kommalapudi Gunnamma, W/o. Kondaiah, R/o. Kummarimitta Village, Muthukur Mandal, PSR Nellore District.
..... PETITIONER
AND
1 The Superintendent of Police, Nellore, PSR Nellore District. 2 The Station House Officer Muthukur Police Station, Muthukur, Nellore District. 3 Nadavali Mastanaiah, S/o. Meeraiah Caste: Gowda, R/o. Kummarimitta Village, Muthukur Mandal, PSR Nellore 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 to issue a Writ, order or directionmore one in the nature of Writ of Habeas Corpus to produce Tadi Hanumanyamma D/o. Late Chinnaiah R/o. Kummarimitta Village, Muthukur Mandal, PSNR Nellore District before this Hon'ble Court and hand over her to the petitioner , who is none other than her sister, and pass
Counsel for the Petitioner:MR.A.HARIPRASAD REDDY
Counsel for the Respondent No.: THE ADVOCATE GENERAL
The Court made the following :
THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO
WRIT PETITION No.7021 of 2009
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 and 2.
2. This Writ of Habeas Corpus has been filed by the petitioner seeking a direction to the respondents to produce her sister viz., Tadi Hanumayamma, D/o. late Chinnaiah, resident of Kummarimitta village, Muthukur Mandal, Potti Sri Ramulu Nellore District, who is allegedly in the illegal custody of the third respondent herein, before this Court and set her at liberty.
3. A counter affidavit has been filed by the Sub-Inspector of Police, Muthukur Police Station, Nellore District, representing the second respondent herein, stating that the brother of the petitioner, by name Tadi Venkateswarlu has lodged a complaint before the second respondent police on 7.10.2008 stating that his sister, who is the alleged detenu herein, has been kidnapped by one Nadavali Mastanaiah, the third respondent herein and the same has been registered as Crime No.91 of 2008 under Sections 363 and 365 I.P.C. of Muthukur Police Station, Nellore District. It is also stated that investigation was taken up from different sources and as a result it was noticed that the third respondent and the alleged detenu were missing from the village. It is also stated that various steps have been taken by the police in order to trace the alleged detenu and efforts are being made to trace the alleged detenu.
4. It is represented by the learned Assistant Government Pleader that the alleged detenu was traced on the evening of 17.7.2009 and
accordingly she was produced before this Court today. The sister of the alleged, who is the petitioner herein, is also present before this Court today.
5. Upon being questioned, the petitioner identified the alleged detenu as her sister. Further, it is to be noted that as per the records, the alleged detenu is a major and, therefore, she has every liberty to move according to her will and wish and live in any manner as she likes.
6. In view of the fact that the alleged detenu is traced, no further orders need be passed in this writ petition.
7. Accordingly, the writ petition is closed, at the stage of admission. However, there shall be no order as to costs.
_______________________ JUSTICE D.S.R.VARMA
_________________________ JUSTICE R.KANTHA RAO 20-07-2009 Msr.
THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO
WRIT PETITION No.7021 of 2009
20-07-2009
(Msr)
2 issues framed by the court
Whether the petitioner is entitled to a writ of habeas corpus to produce her sister who is alleged to be in illegal custody.
Whether the alleged detenu is in custody and requires release.
1 provisions across 1 enactments
Kommalapudi Gunnamma
Superintendent of Police, Nellore
Station House Officer Muthukur Police Station
Nadavali Mastanaiah
D.S.R. Varma
R. Kantha Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
