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2024 Supreme(Online)(Tel) 37382

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P. SAM KOSHY, N. TUKARAMJI, JJ
Sri. Rathod Pratap Ram – Appellant
Versus
The State of Telengana – Respondent
WP/25751/2024



AND WRIT PETITION NO.25751 OF 2024 ORDER: (per Hon’ble Sri Justice P.SAM KOSHY The present is the Writ Petition filed under Article 226 of the Constitution of India seeking for issuance of Writ of Habeas Corpus preferred by the petitioner calling for the production of the alleged detenue viz., Ms.Rathod Santhoshi, aged about 16 years, Daughter of Sri Rathod Pratap/petitioner, before the Court, who is said to have been allegedly eloped by respondent No.5.

2. On the previous date of hearing, Mr.Swaroop Oorilla, learned Special Government Pleader attached to the office of the learned Advocate General, intimated that they have track down the detenue at Jammu and efforts are being made to bring the detenue and respondent No.5 back. Accordingly, the matter was ordered to be taken up today.

3. Today the matter was taken in chamber and the Bench had an interaction with the alleged detenue who was presented by the State Authorities. According to the detenue, coming to know about the First Information Report (FIR) having opened against respondent No.5, they have decided to come back to Hyderabad and accordingly, they came to Hyderabad by Train and reached Hyderabad on 19.09.2024. Immediately, the State Authorities took the detenue to Sakhi Centre and today she was brought from the Sakhi Centre to the Court.

4. In the course of interaction, the detenue has also submits that she and respondent No.5, who used to occasionally do painting work on the idols prepared by the parents and family members of detenue, had developed a relationship and that they have voluntarily eloped from the house together and they have voluntarily returned back also. Today she makes a categorical submission that she now intends to go along with her parents and other family members, who were also present in the Court. She further submits that there is also no coercion and pressure on her from her family members and all her submissions are voluntarily made.

5. Given the fact that the detenue has been produced before the Court and she has made a categorical submission of her willingness to go along with her parents and also considering her submissions that she had voluntarily gone along with respondent No.5 because of the relationship that had developed between the two and now she intends to go with her parents, we are of the considered opinion that nothing further remains to be decided in the present Writ Petition. The detenue is at liberty to go along with her parents from the Court itself.

6. With the aforesaid observations, this Writ Petition stands disposed of.

Consequently, miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

_________________ P.SAM KOSHY, J __________________ N.TUKARAMJI, J Dated 23.09.2024 ynk

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