M.Ramanaiah Naidu v. The State Of A.P.

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION No.31 of 2018 Between:

M.Ramanaiah Naidu ..Petitioner and The State of Andhra Pradesh, represented by its Principal Secretary, Home Department, Guntur District and others ..Respondents Counsel for the petitioner: Mr.G.Eshwaraiah Counsel for respondent Nos.1 to 5: Mr.C.S.Surya Prakash Rao, Special Government Pleader (A.P.) Counsel for respondent No.6: -- The Court made the following:

CVNR,J & GSP,J W.P.No.31 of 2018 ORDER: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This writ petition is filed for issue of Habeas Corpus directing respondent Nos.1 to 5 to produce the daughter of the petitioner viz., M.Lakshmidevi, aged 15 years (for short 'the alleged detenue') from the illegal custody of respondent No.6 and set her at liberty. 2.

During the hearing, respondent No.4 has produced the alleged detenue before the Court. The parents of the alleged detenue are also present in the Court and they admitted that the alleged detenue has been restored to their custody by respondent No.4. Respondent No.4 has submitted that on the report given by the petitioner, a crime was registered against respondent No.6, initially for the offence punishable under Section 366 I.P.C. and later on, the same was altered by adding Section 376 I.P.C. and Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012.

3.

Mr.G.Eshwaraiah, learned counsel for the petitioner, has submitted that in view of restoration of custody of the alleged detenue to her parents, the cause in the writ petition does not survive for adjudication on merits.

4.

In the above facts and circumstances of the case, the Writ Petition is disposed of as infructuous.

__________________________ C.V.NAGARJUNA REDDY, J ____________________________ GUDISEVA SHYAM PRASAD, J 18th January, 2018 GHN

CVNR,J & GSP,J W.P.No.31 of 2018