AI Structured Summary
Not yet generated for this judgment
Judgment
C. Praveen Kumar, J
Heard Mr. P. Srinivasulu, learned counsel for the petitioner, Mr. Y.N. Vivekananda, learned Government Pleader attached to the office of the learned Advocate General, Mr. N. Srihari, learned counsel appearing for respondent Nos.4, 6 and 7 and Mr. K. Jyothi Prasad, learned counsel appearing for respondent No.5.
The present writ petition came to be filed seeking issuance of Writ of Habeas Corpus for production of one Sushmitha Rechel Kathera D/o. Sudhir Kumar before this Court, who is alleged to have been illegally detained by the unofficial respondents.
When the matter came up on 11.01.2021, this Court, while ordering notice to the unofficial respondents, directed the learned Government Pleader attached to the office of the learned Advocate General to get instructions about the status of the alleged detenu.
Pursuant thereto, the alleged detenu is produced before this Court today. According to her, she has completed her M.B.B.S. Course and is presently working as a House Surgeon in Government General Hospital, Guntur. When asked by the Court to address in English, she stated that she is more comfortable in answering the queries of the Court in Telugu and accordingly, gave answers in Telugu.
The alleged detenu stated that while studying M.B.B.S. course in Gulbarga, she became friendly with the petitioner and both of them fell in love with each other. Thereafter, he started blackmailing her and made her to sign a document, which is to the effect that despite refusal by her parents, she has to marry him. Further, the petitioner is said to have threatened her stating that if she fails to marry him, he will commit suicide and implicate her and her parents by writing a death note. She also stated that at that point of time, she did not disclose all these things to her parents, apprehending that they may not allow her to continue her studies at Gulbarga. After completing the M.B.B.S. Course and while working as House Surgeon in Guntur, she disclosed her relationship with the petitioner to her parents and also showed them the photographs taken along with the petitioner when they were in good terms. On coming to know about the same, her parents advised her not to marry the petitioner as he studied only upto 10th class whereas she is a doctor. When questioned further, she stated about her staying with her parents on her own volition without any force or coercion or threat from any quarters. She further stated that she wants to stay with her parents.
Having regard to the categorical statement made by the alleged detenu, that she is staying with her parents on her own accord, it cannot be said that she is in illegal detention. As such, the request of the petitioner for issuance of Writ of Habeas Corpus cannot be accepted.
Accordingly, the writ petition is dismissed giving liberty to the petitioner to work out his remedies, if any, in accordance with law. No costs. Pending miscellaneous applications, if any, shall stand closed.
