JUDGMENT

D.P. Mohapatra, J.-Leave granted.

2. The appellant is the husband of the respondent No.1. They were married on 7.12.1993. They have two children, a daughter named Ayesh Fathima aged 6 years and a son named Sayeed Zaiduddin aged 5 years. The appellant is a businessman and the respondent No.1 is a doctor practising Ayurvedic medicine. On 26th March 2000, the respondent No.1 sustained burn injuries when she was in her house. On the next day she was admitted in Princess Duru Shehvar Children & General Hospital, Hyderabad. On receiving intimation from the incharge of the hospital Sub-Inspector Ravindra of the Police Station Habeeb Nagar went to the hospital and recorded the statement of the respondent. The said statement was registered as FIR No. 54/2000 on 28th March, 2000 at 7.30 p.m. with Habeeb Nagar Police Station.

3. Thereafter on 10.4.2000 the first respondent filed a writ petition, writ petition No.6017/2000, in the High Court of A.P. with the following prayer:

"For the reasons and in the circumstances stated in the accompanying Affidavit, the petitioner herein prays in the interests of justice, that this Hon ble Court may be pleased to issue an order or direction more in the nature of Writ of Habeas Corpus, directing the release of the petitioner s minor children namely Ayesh Fathima and Syeded Zaiduddin who are under the custody of the 3rd respondent at present and set them at liberty and pass such other and further order or orders as this Hon ble Court may deem fit and proper in the circumstances of the case."

4. The State of Andhra Pradesh represented by its Principal Secretary (Home) Police Department, the Station House Officer of Habeeb Nagar Police Station and Syed Saleemuddin, the appellant herein, were cited as the respondents 1 to 3 respectively in the writ petition. In the writ petition, the respondent No. 1 sought intervention of the Court for getting custody of the children who were then living with their father, the appellant. The High Court by its order dated 12.4.2000 directed the SHO Habeeb Nagar Police Station to produce the appellant along with two children before the Court on 17.4.2000 at 10.30 a.m. In compliance with the said order the appellant and the two children were produced before the Court on the date fixed. On the same day the High Court directed the Metropolitan Sessions Judge, Hyderabad along with the Secretary of the Andhra Pradesh High Court Legal Services Committee to go to the hospital and meet respondent No. 1. The Sessions Judge in compliance with the said order went to the hospital and recorded the statement of the respondent No. 1.

5. The High Court disposed of the case by the judgment rendered on 18.4.2000. In para 3 of the judgment it is stated that the Habeas Corpus petition was moved at the instance of the maternal uncle of the children i.e. the younger brother of Dr. Rukhsana Saleem stating that it was a case of dowry harassment and consequent attempt of the appellant to kill her by setting her afire by pouring petrol. In para 4 of the judgment the High Court took note of its order dated 17.4.2000 deputing the Metropolitan Sessions Judge and the Secretary of the Andhra Pradesh High Court Legal Services Committee to go to Princess Duru Shehvar Children & General Hospital, Hyderabad and examine the lady and also noted that the lady had given a detailed statement which was recorded by the Metropolitan Sessions Judge. As noted in the judgment of the High Court the lady also stated that the previous statement recorded by the S.I. of Police Ravindra was made under threat. In paragraph 5 of the judgment the High Court discarded the report of the Sub-Inspector of Police, Habeeb Nagar Police Station, Ravindra. Paragraphs 6 to 10 in which directions given by the High Court to different authorities of the State are quoted hereunder:

"6. Having given our anxious consideration to the matter, we direct the Station House Officer of Women Police Station, CCS, to register the statement which is