Ramavath Sudha Bhai, v. State Of Andhra Pradesh

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE S.V. BHATT W.P.No.18357 OF 2015 PC: (Per the Hon'ble Sri Justice S.V.BHATT) The petitioner claims to be elder sister of one Ramavath Kumari Bai. The present writ petition is filed for Habeas Corpus for production of one Ramavath Kumari Bai from the illegal custody of respondents.

On 23.06.2015, this Court granted time to the learned Government Pleader to file reply of respondents 2 and 3. Respondent No.3 filed counter affidavit for himself and on behalf of 2nd respondent as well. By way of reply, it is stated that the alleged detenue is not an accused in any case and on 17.06.2015 the police went to the house of Ramavath Kumari Bai to inquire about the present whereabouts of Pothu Raju, who is an accused in Crime No.109 of 2015 and neither the detenue was taken into custody nor any case is pending with the respondents. To the same effect, the 3rd respondent has got the statement of alleged detenue recorded in the presence of Tahsildar, Chilakaluripeta, Guntur District. We have perused the statement of the alleged detenue. In our considered view, the alleged detenue is not in the custody of respondents. The writ of Habeas is not maintainable and is accordingly dismissed.

Consequently, miscellaneous petitions, if any pending, also stand disposed of. _____________________ DILIP B. BHOSALE, ACJ ___________________ S.V.BHATT, J Date: 07.07.2015 Stp/Lrkm