HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 19416 of 2014 DATE: 16.10.2014 Between:
K. Joseph … Petitioner And The Govt., of Telangana, rep., by its Principal Secretary, Home Department, Hyderabad & others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 19416 of 2014 ORDER: (Per the Hon’ble Sri Justice Sanjay Kumar) The petitioner seeks a writ of Habeas Corpus for production of his son, by name Thomas George, before this Court.
The State filed a counter affidavit upon this Court’s direction dated 11.07.2014. The petitioner filed his reply affidavit.
Perusal of the pleadings and the material available on record reflects that the petitioner’s son is missing. It appears that he married the 6th respondent herein, willingly or otherwise. There is no allegation in the affidavit filed in support of the writ petition that the petitioner’s son is being illegally detained. On the other hand, the petitioner specifically stated in para 5 of the affidavit that his son is missing from 29.06.2014. Though the petitioner stated that he and his other son went to the Alwal police station and gave a complaint in this regard, the counter affidavit filed by the Inspector of Police, Alwal Police Station, Cyberabad, states on the contrary that the petitioner did not lodge any complaint in this regard either with the Alwal Police Station or the Jawharnagar Police Station. It also appears that the 6th respondent lodged a complaint under Section 498-A IPC against the alleged detenu. It is therefore clear that the matter is more in the nature of a civil dispute.
In the event, the petitioner is aggrieved by the failure on the part of the police authorities in acting upon his alleged complaint, his remedy lies elsewhere and not by way of a writ of Habeas Corpus. As no material is placed before us to show any illegal detention of the petitioner’s son by the police or by a private individual, this writ petition is without merit and the same is accordingly dismissed.
Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J
Date: 16.10.2014 ES