( 1 ) THE first respondents filed to a petition, Crl. M. P. No. 10 of 1982 before the Judicial First Class Magistrate, Ghandhidham, Kutch, alleging that his wife. Usha Advani and daughter Shilpa, were under wrongful confinement of the petitioner, Ashok Thadani at Vijayawada, where he was carrying on business and they should therefore, be prayed for the issuance of search warrant under S. 97 Cr. P. C. The Magistrate issued warrant and disputed the Head constable, respondent No. 2 and the constable, respondent No. 3 of Ghandhidham Police station execute the warrant and to produce Usha Advani and Shilpa before him. Accordingly respondent 2 and 3 came to Vijayawada and took custody of Usha Advani and Shilpa Advani and brought then to Secunderabad Railway Station to the board the train, Minar Express at Secunderabad. The petitioner from whose custody Usha Advani and Shilpa were taken away by respondents 2 and 3 filed this writ petition under Article 226 of the constitution for the issuance of a writ of habeas corpus directing the first respondent, who is the husband of Usha Advani and respondents 2 and 3 to produce Usha Advani and Shilpa before the Court.

( 2 ) THIS Court i