Kalyani Sumalatha vs State Of Telangana

This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner, wherein, the following prayer is made:

“…to issue a writ or order or direction, more particularly one in the nature of WRIT OF HABEAS CORPUS directing the official respondents to produce the detenue petitioner daughter, i.e., K.Poornima, D/o.K.Raju, aged 14 years, Occ:Student, before this Court and set her at liberty and pass such other order or orders…”

We have heard the submissions of learned counsel for the petitioner, learned Assistant Government Pleader for Home representing the official respondent Nos.1 to 5 and perused the record.

The grievance of the petitioner is that on 21.02.2022, her daughter-K.Poornima, aged 14 years, left the house without informing anybody. Though the petitioner and her family members searched for her, they could not find her whereabouts. Suspecting that the unofficial respondent No.6 might have kidnapped her daughter, the petitioner lodged a complaint with Police, Alwal, on 21.02.2022, basing on which, Crime No.120 of 2022 of Alwal Police Station, Cyberabad Commissionerate, has been registered against the unofficial respondent No.6 for the offence under Section 363 of IPC. Though 20 days have elapsed from the date of registration of the subject crime, the police could not trace the whereabouts of her daughter and ultimately prayed to direct the respondents to produce her daughter before this Court and set her at liberty.

This Court, vide order, dated 14.03.2022, while ordering notice before admission, directed the respondent No.5/Station House Officer, Alwal Police Station, to produce the alleged detenu, viz., K.Poornima, before this Court today. Pursuant to the said order, the alleged detenu is produced before this Court today. This Court was pleased to interact with the alleged detenu in the chambers in relation to her identity only. The alleged detenu stated that her name is K.Poornima, she is 15 years old and at present, she is residing with her mother. Learned counsel for the petitioner also conceded that the alleged detenu is presently residing with her mother.

In the course of submissions, it is brought to the notice of this Court by the learned Assistant Government Pleader for Home that the unofficial respondent No.6 has been taken into custody in relation to the subject Crime No.120 of 2022 of Alwal Police Station; the case is under investigation; Sections 376(2)(n) of IPC and Section 5(l) read with 6 of POCSO Act, 2012, has been added in the subject crime; and the investigation in the subject crime is being expedited.

The said submissions of the learned Assistant Government Pleader for Home are taken on record.

As the alleged detenu-K.Poornima has been handed over to her mother/petitioner herein, no further orders are required to be passed in this writ petition.

The Writ Petition is disposed of accordingly. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.