Gentala Hanumanthu VsState Of Telangana

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, who is the father of the alleged detenue Motamani Nagamani, seeking a Writ of Habeas Corpus directing the respondent No.4-Station House Officer, L.B. Nagar Police Station, Rachakonda Commissionerate, to produce the alleged detenue before this Court.

We have heard the submissions of the learned counsel for the petitioner, the learned Assistant Government Pleader for Home representing the learned Advocate General for the official respondent Nos.1 to 4 and perused the record.

The case of the petitioner is that he is the father of the alleged detenue M.Nagamani. The alleged detenue came to his house along with her son and staying with him since five years as she has matrimonial disputes with her husband. On 04.07.2021, the detenue went to L.B. Nagar, for labour work and called him and informed that some unknown persons are threatening her over phone and since then she did not return back. The petitioner is suspecting the unofficial 5th respondent and others regarding disappearance of the alleged detenue. The petitioner lodged a complaint with the 4th respondent on the same day, i.e., 4. 07.2021, which was registered as Crime No.736/2021 as ‘Woman Missing’ case. The respondent police neither investigated nor arrested the respondent No.5, who is a womanizer and failed to trace out the whereabouts of the alleged detenue till date.

There is every likelihood of endanger to the life and personal liberty of the alleged detenue and ultimately sought the direction as indicated above.

It is submitted by the learned counsel for the petitioner that the alleged detenue has been traced out but the police concerned did not take any action against the respondent No.5, who detained the alleged detenue.

On the other hand, learned Assistant Government Pleader for Home submitted that after tracing the detenue, her statement under Section 164 Cr.P.C. was recorded, wherein she stated that she voluntarily left the petitioner’s house along with respondent No.5 and she intends to live separately.

Here, it is apt to state that Habeas Corpus is a writ calling upon the person who has illegally/wrongfully detained another, to produce the latter before the Court, in order to let the Court know on what ground he/she has been detained, and to set him/her free if there is no legal justification for the detention. A writ of Habeas Corpus cannot be issued, when a person is not in illegal/unlawful detention.

In the instant case, as per the statement of the alleged detenue, she voluntarily left the petitioner’s house along with respondent No.5 and she intends to live separately. She also stated that she was not forcefully or illegally detained by anyone. Under these circumstances, no relief as sought by the petitioner can be granted. The Writ Petition is devoid of merit and liable to be dismissed.

Accordingly, the Writ Petition is dismissed. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.