K. Malathi, v. State Of Telangana, Home Department,

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD Date:14.08.2018 Between:

K.Malathi, W/o K.Venkatesh .....Petitioner And:

State of Telangana, Home Department, reptd by its Principal Secretary and six others.

....Respondents Counsel for the petitioner: Mr. C.Subodh Counsel for respondent Nos.1 to 4: AGP representing Advocate General (TS) The Court made the following:

CVNR, J & GSP, J Dt:14.8.2018 ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed for the following substantive relief:

"... to issue an order or orders more particularly one in the nature of Writ of Habeas Corpus directing the respondents herein to produce her daughter namely K Sanjana, W/o Siddhartha, before this Honourable Court, record the statement and set her at liberty." On the petitioner's own showing, both respondent Nos.6 and 7, who are allegedly responsible for missing of her daughter-K.Sanjana, are residents of Zaheerabad. It is also not the pleaded case of the petitioner that her daughter was forcibly taken from Hyderabad. Even the petitioner is also not a resident of Hyderabad.

In these facts and circumstances, we are of the opinion that impleadment of respondent Nos.2 to 5 constitutes misjoinder and non-impleadment of the Zaheerabad Police constitutes non-joinder of the necessary parties. Hence, the Writ Petition is dismissed, however with liberty to the petitioner to file a fresh Writ Petition with impleadment of necessary and proper parties.

____________________________ JUSTICE C.V.NAGARJUNA REDDY ______________________________ JUSTICE GUDISEVA SHYAM PRASAD 14th August, 2018 DR

CVNR, J & GSP, J Dt:14.8.2018