WP/23658/2004 of Talla Rami Reddy S/o late Anji Reddy Vs The Superintendent of Police, on 31 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE BILAL NAZKI

and THE HON'BLE DR JUSTICE G.YETHIRAJULU

WRIT PETITION NO : 23658 of 2004

Between:

Talla Rami Reddy S/o late Anji Reddy R/o Ravela Village, Tadikonda Mandal, Guntur District

AND

..... PETITIONER

1 The Superintendent of Police, Guntur District, Guntur 2 The Deputy Superintendent of Police, Guntur Rural, Guntur 3 Danda Siva Reddy S/o Veera Reddy R/o Near Swaraj Theatre, Bose RoadTenali Town, Guntur DistrictTenali Town, Guntur District

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a Writ, order or direction, more particularly one in the nature of Writ of HabeasCorpus directing the Respondents for cause production of the petitioner’s mother byname smt Talla nagaratnamma W/olate Anji Reddy 68 years, R/o Ravela Village,Tadkonda Mandal, Guntur District before this Hon'ble High Court in person and todeclare the action of the Respondents as illegal, arbitrary unconstitutional andagainst to the principles of natural justice and to pass such other and further ordersCounsel for the Petitioner: MR.B.CHINNAPA REDDY

Counsel for the Respondent Nos.1 and 2: THE ADVOCATE GENERAL

Counsel for the respondent No.3: None appeared The Court made the following :

HON’BLE MR. JUSTICE BILAL NAZKI

AND

HON’BLE DR. JUSTICE G. YETHIRAJULU

W.P.No. 23658 of 2004

ORDER: (Per Hon’ble Mr. Justice Bilal Nazki)

Heard learned counsel for the parties. The detenue isproduced. She is an old lady, but she is mentally alert and capable ofmaking a statement. We have recorded her statement in which shehas stated that she wants to live with the petitioner who is one of hersons and does not want to live with the 3[rd] respondent who kept herwith him forcibly against her wishes. In these circumstances, we allowthis writ petition and allow the detenue to go along with the petitioner.The police officer who is accompanying her shall accompany her tothe house of the petitioner.

_______

BN J.

_______

GYR J.

KR

Sd/-

ASST. REGISTRAR

To

1 The Superintendent of Police, Guntur District, Guntur 2 The Deputy Superintendent of Police, Guntur Rural, Guntur3. 2CCs to Advocate General, High Court Building, Hyderabad (out)

4. 2CD copies