Kumari Asha, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY WRIT PETITION No.42283 OF 2018 JUDGMENT: (per Hon'ble Sri Justice Ravhvendra Singh Chauhan) Kumari Asha, the petitioner has filed the present Habeas Corpus Petition ostensibly on the ground that her son, Ganesh, aged 10 years, is missing. By order dated 30.11.2018, this Court had directed the respondent to produce her son, Ganesh before this Court. Consequently, today, Ganesh has been produced by the police, Kurnool II Town Police Station, and by the CWC, Kurnool. Mr. K.N. Hussain, Team Member, Child line 1078, informs this Court that Ganesh was picked up from the house of one Mr. Paul in whose custody Ganesh's mother has left in. However, allegedly Ganesh was used as a domestic servant. Therefore, he was brought to the CWC; the child continues to be with the CWC.

The learned Counsel for the petitioner submits that the petitioner is very much present in this Court. Therefore, the custody of the child should be handed over to the mother. However, before the custody of the child can be handed over to the petitioner, procedure prescribed under Rule 19 of the Juvenile Justice (Care and Protection of Children's) Rules, 2017 has to be followed. Therefore, in the interest of the child, this Court directs the petitioner to appear before the CWC on 04.12.2018, with ample proof of the fact that Ganesh happens to be her son to the CWC. After verifying the facts narrated by the petitioner the CWC is directed to handover the custody of Ganesh to the petitioner.

With these directions the Writ Petition stands disposed of. The miscellaneous petitions pending, if any shall stand dismissed. No costs.

_____________________________________ RAGHVENDRA SINGH CHAUHAN, J _________________________________ M. SATYANARAYANA MURTHY, J Date: 03.11.2018 Note: Issue C.C. today.

B/o MRKR