Telangana High Court

WP/27906/2009 of P.Srinivasa Prasad Vs Station House Officer, on 29 December 2009

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SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.27906 of 2009 Date: 29.12.2009 Between: P. Srinivasa Prasad … Petitioner and Station House Officer, Pithapuram P.S., Pithapuram, East Godavari District and others. … Respondents THE

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Date: 29.12.2009

Between:

P. Srinivasa Prasad

… Petitioner

and

Station House Officer,Pithapuram P.S., Pithapuram,East Godavari District and others.

… Respondents

ORAL ORDER: (per the Hon’ble Sri Justice D.S.R.Varma)

Heard learned counsel for the petitioner as well as the learnedAssistant Government Pleader, representing the learned AdvocateGeneral, appearing for respondent No.1.

2. This Writ of Habeas Corpus is filed by the petitioner directingthe respondents to produce Smt. Gonti Reddy Venkata Durga @ Babyand her child before this Court and send them to the safe custody of any Home or hostel run by the State Government for destitute women.

3. The grievance of the petitioner in this writ petition is that thealleged detenu, namely Smt. Gonti Reddy Venkata Durga @ Baby isbeing subjected to torture in several ways for various reasons byrespondent Nos.2 and 3, who are the husband and mother-in-law,respectively, of the alleged detenu. The other details are not worthmentioning.

4. On the earlier occasion, we directed the 1[st] respondentpolice to produce the alleged detenu before the Judicial Magistrate ofFirst Class (Junior Civil Judge), Pithapuram. Accordingly, the allegeddetenu was produced before the Magistrate concerned, who recordedher statement, wherein the alleged detenu narrated the events thatcompelled her to live away from her husband and in-laws. Sincethe petitioner along with the child is also produced before this Courttoday as per the directions of this Court, the details stated by herbefore the Magistrate concerned are not being referred to.

5. Upon being questioned by this Court in the open Court, thealleged detenu stated that she was tortured by her husband andmother-in-law in several ways and she is not at all willing to live alongwith her husband and mother-in-law. She also stated that at presentshe is living separately on her own volition.

6. Admittedly, the alleged detenu is a major and living awayfrom her husband and mother-in-law because of various kinds ofharassment meted out to her at their hands. Therefore, she is at libertyto live wherever she likes according to her will and wish.

7. With the above observations, the writ petition is disposed of,at the stage of admission. There shall be no order as to costs.

_______________________

JUSTICE D.S.R.VARMA

_________________________

JUSTICE R.KANTHA RAO

29.12.2009Msr.

29.12.2009(Msr)

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