← Library
High Court for State of TelanganaWP/38914/2016withdrawn

Rupesh Kumar Mohanani v. The Union Of India Represented By The Secretary,

2017-06-142 pages

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND THE HON'BLE Ms. JUSTICE J. UMA DEVI WRIT PETITION No.38914 OF 2016 DATED:14-06-2017 Between:

Rupesh Kumar Mohanani ... Petitioner And The Union of India Represented by the Secretary Ministry of External Affairs Central Government Offices Complex E-block, Central Secretariat New Delhi and others ... Respondents COUNSEL FOR THE PETITIONER: Mr. B. Vijaysen Reddy COUNSEL FOR THE RESPONDENTS: Assistant Government Pleader, attached to the office of the Advocate General (TS) THE COURT MADE THE FOLLOWING:

CVNR, J & JUD, J WP 38914/2016 ORDER: (per the Hon'ble Sri Justice C.V. Nagarjuna Reddy) This writ petition is filed for issue of habeas corpus for producing the petitioner's daughter, by name, Mohanani Sania, before this Court. At the hearing Mr. B. Vijaysen Reddy, learned counsel for the petitioner, submitted that his client was in judicial custody when the writ petition was filed and after he came out he has come to know that respondent No.4 has passed an order in pursuance of which the custody of the petitioner's daughter was entrusted to her maternal uncle, who lives in Democratic Republic of Congo.

In the light of this fact, which is stated to have come to the knowledge of the petitioner after his release from jail, the learned counsel for the petitioner seeks permission to withdraw the writ petition with liberty to the petitioner to avail appropriate legal remedy for questioning the order passed by respondent No.4. The writ petition is accordingly dismissed as withdrawn with liberty to the petitioner in terms of the prayer made. As a sequel to dismissal of the writ petition, W.P.M.P. No.47957 of 2016 filed by the petitioner for interim relief shall stand disposed of as infructuous.

__________________________ C.V. NAGARJUNA REDDY, J _________________________ J. UMA DEVI, J 14-06-2017 bnr