The court clarified that the detenu was not being illegally detained, despite the dispute with the petitioner, and directed the police authorities to address the pending warrants and missing report.

JUDGMENT

J.K. Maheshwari, C.J. - This writ petition in the nature of habeas corpus has been filed by the petitioner - wife, inter alia, contending that one Satti Satyanarayana Reddy, S/o Ramulu @ Rama Reddy, (hereinafter referred to as 'the detenu') is her husband, who is missing since long time and that a complaint given in that regard has been registered as crime No.110 of 2019, dated 29.04.2019, on the file of Anaparthi Police Station, and he was shown as missing person.

2. In obedience to the direction given by this Court on the last date to produce the detenu, Sri N.Ravi Prasad, learned counsel for the detenu, has produced him before this Court today. The detenu states that the petitioner is not his second wife and that though she was not in contact with him for sometime, however, she is illegally claiming as his second wife. Undisputedly, litigation is pending before the Courts below i.e., (i) a criminal case under Section 498-A I.P.C., (ii) a case under the Protection of Women from Domestic Violence Act, 2005 and (ii) a maintenance case. In the maintenance case, amount of maintenance has been awarded, but payment has not been made by the detenu, hence, warrants have been issued against him.

3. Sri Y.N.Vivekananda, learned Special Government Pleader attached to the office of learned Advocate General, appearing on behalf of the respondents, has stated across the Bar that against the detenu, warrants of detention from the Court are there, and an officer of Anaparthi Police Station, who is present at the High Court premises, will take custody of the detenu.

4. After hearing the learned counsel on either side and also the detenu, it appears that there is some dispute in between the petitioner and the detenu and therefore, the detenu is residing separately, but it is not by way of illegal detention, and in fact on his own will. In any case, missing report in crime No.110 of 2019 on the file of Anaparthi Police Station is pending and warrants have also been issued in the maintenance case. Therefore, we handover custody of the detenu to the officer of Anaparthi Police Station through the Registrar (Judicial). The Police authorities shall take appropriate steps following the procedure as prescribed in the Code of Criminal Procedure, 1973 and produce the detenu before the Court, which issued warrants. Simultaneously, it is open to the detenu to take recourse as permissible under law.

5. In view of the foregoing observations, this Writ Petition stands disposed of.

There shall be no order as to costs. As a sequel, all the pending miscellaneous applications shall stand closed.