High Court for State of TelanganaWP/46004/2018dismissed

Shaik Shabaaz v. The State Of Telangana

2019-01-23Thottathil B.Radhakrishnan,A.Rajasheker Reddy2 pages

THE HONOURABLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND THE HONOURABLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.46004 OF 2018 ORDER: (Per The Hon'ble The Chief Justice Sri Thottathil B. Radhakrishnan) Following the earlier orders, the alleged detenue is present before us in the company of her parents. The petitioner is also present.

2. Having regard to the allegation that the alleged detenue is in the illegal detention of her parents, we interacted with her. She is well oriented. We found that she is capable of taking decisions on her own. She is a student of B.Com. She is 21 years of age. She states that she married the petitioner. She also states that she is unable to put up with him and has decided to live away from him. Hence, she, on her own volition, is stated to be now with her parents.

3. We do not see any case of illegal detention of the alleged detenue continuing, to trigger a writ, direction or order from this Court in the nature of Habeas Corpus. We may, however, notice that there are certain proceedings before different authorities including the police authorities and the judicial authorities. The petitioner, through his learned counsel, has also indicated that all remedies that may be available to him, through jurisdictional Courts including the Family Court, may be left open.

HCJ & ARR,J WP No.46004 of 2018

4. In the light of what is aforesaid, the Writ Petition is dismissed recording that the alleged detenue is a free person and is accompanying her parents on her own volition. It is clarified that the substance of this proceedings is only for the purpose of arriving at the conclusion that we have rendered and did not prejudice either of the parties in any jurisdiction in accordance with law. No order as to costs.

As a sequel thereto, Miscellaneous Petitions, if any pending, in the writ petition stand closed.

______________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ __________________________ A. RAJASHEKER REDDY, J January 23, 2019.