( 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 issued Rule Nisi directing respondents 1 to 3 produce Usha Advani and Shilpa on 16-2-1982 at 10-30 a. m. before the court. The 4th respondent who is the Commissioner of Police was directed to take immediate steps to stop respondents 1 to 3 from taking usha Advani and Shilpa Advani by Minar Express from Secunderabad Railway Station. The 4th respondent was also stay of usha Advani and Shilpa in Home for the destitute at Secunderabad or if that is not possible they may be kept in one of the retiring rooms at Secunderabad Railway Station with the necessary police guard and produce them on 16-2-1982 at 10-30 a. m. before the court. The 4th respondent got executed through the Assistant commissioner of police, Secunderabad. Maradepali Division, Secunderabad the orders of this court dated 15-2-1982 and places Usha Advani and Shilpa in the custody of the Station Secunderabad for production at 10-30 a. m. on 16-2-1982 before this court.

( 3 ) ON 16-2-1982 at 10-30 a. m. the Assistant Commissioner of Police produced Usha Advani and Shilpa before this court.

( 4 ) SRI Balireddy the learned counsel for the petitioner narrated the circumstances under which Usha Advani and her daughter Shilpa had to take shelter in the house of the petitioner and his brother at Vijayawada. According to him the 1st respondent the husband of Usha Advani was ill-treating and torturing his wife and beating his daughter, and she apprehended danger of their lives at the hands of the 1st respondent and hence went away with her daughter to her parents at Gandhidham. But the first respondent came to Gandhidham and beat his parents in law and also Usha Advani and forcibly brought her and their daughter Shilpa to Bombay and there he continued to ill-treat and torture Usha Advani, and beat Shilpa. The petitioner who is the cousin brother of Usha Advani, came to know of her woeful plight and went to Bombay and meet her husband, the first respondent and requested him to take her and her daughter to Vijayawada so that she can live in safety and peace and the petitioner has therefore, brought usha Advani and her daughter Shilpa to Vijayawada where he and his brother have been carrying on business, they put Shilpa in Sai Public School. The petitioner also informed the parents of Usha Advani about her stay with them in Vijayawada, Usha Advanis parents came to Vijayawada and felt satisfied with the safety of Usha Advani and her daughter and they advised Usha Advani to stay with the petitioner at Vijayawada otherwise there will be danger to the life of Usha Advani at the hands of the first respondent. The learned counsel therefore, contends that Usha Advani and her daughter have not been in wrongful confinement of the petitioner and his brother at Vijayawada and Usha Advani is living voluntarily with h