IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) o MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R.RAGHUNANDAN RAO^&/^'‘*^^ AND THE HONOURABLE DR JUSTICE K.MANMADHA RAO -0 li: O 1. ov>? WRIT PETITION NO: 2566 OF 2024 Between: Shaik Shahira Bano, D/o. Babji Aged 48 years, Occ. Housewife R/o. 3- 6-124-2, Ali Nagar, Ward No.22, Repalle, Bapatia District, Estrwhile Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Home Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Superintendent of Police, Bapatia District at Bapatia, Erstwhile Guntur District. 3. The Inspector of Police, Bapatia Circle, Bapatia Town, Bapatia District, Erstwhile Guntur District. 4. The Station House Officer, Repalle Police Station, Bapatia District, Erstwhile Guntur District. 5. Shaik Sardar Ahamed, S/o. Abdul Shamshare Tabraz, Aged. 36 years Occ. Private Job, R/o. 22-13-4/2, Itikapadu Road, Eidgah, 27*^ Ward, Ponnuru, Guntur District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF HABEAS CORPUS directing the respondents 2 to 4 to produce and protect the life and liberty of the petitioners minor grand daughter by name, Shaik Aayat, aged 5 years, who was taken away and kept in the illegal custody of Respondent by deceitful means and consequently direct the respondents to trace whereabouts of detenue and place her to her custody by removing from that of S**" respondent, in the fnf^rest of justice. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 to 4 particularly 4**^ respondent to produce the victim person, who is the petitioners minor grand-daughter by name Shaik Aayat, aged about 5 years, before this Hon’ble Court by removing from the illegal custody of 5*'^ Respondent and place her to her custody, pending disposal of the main Writ Petition. Counsel for the Petitioners: SRI PASALAPUDI SATYA HARITHA Counsel for the Respondents 1 to 4: THE ADVOCATE GENERAL Counsel for the Respondent No.5: SRI A.V. PARADHASARADHI The Court made the following order: V APHe010047S22024 IN THE HIGH COURT OF ANDHRA PRADESH AT AIIVIARAVATI (Specicil Original Jurisdiction) [3525] MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AMD TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE DR JUSTICE K MANMADHA RAO Vi/RIT PETITION NO: 2566/2024 Between: ...PETITIONER Shaik Shahira Bano AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.PASALAPUD1 SATYA HARITHA Counsel for the Respondent(S): 1 .THE ADVOCATE GENERAL (AP) The Court made the following Order: (perHonble sn justice R. Raghunandan Rao) The petitioner, who is the maternal grandmother of the alleged detenue has approached this Court by way of the present \Nn{ Petition, contending that her granddaughter, the alleged detenue, has been forcibly taken away by the 5“" respondent, who is the father of the alleged detenue and that custody should be restored to her. We have interacted with both the petitioner as well as the 5 respondent and it appears that there is a deep distrust between both parties. th 2. 2 '•t 3. In that view of the matter, a reference had been made to meditation, with the consent of both parties. However, the learned mediator had reported that the issue could not be resolved. In view of the fact that the 5’^ respondent is the father of the alleged detenue, v^/ho is a girl aged seven years, it would not be appropriate for this Court to go into the question of whether custody can be given or not and whether such custody v^/ould be for the benefit of the child or not. 4. These are issues which would have to be dealt with by the f-amily Court and this Court cannot go into these issues. 5. However, keeping in view of the fact that the alleged detenue had been brought up by the petitioner till three years back, it would only be appropriate that some access be given to the petitioner. 6. The 5*^ respondent has expressed his doubt as to the physical and mental safety of the child if she is left alone with the petitioner. On the other hand, the petitioner contends that meeting the child in the house of the 5^^ respondent would not be conducive for the child and there would be every occasion for confrontation between the parties. 7. 8. In view of the aforesaid reservations, expressed by both sides, it would only be appropriate to permit the petitioner to meet the alleged detenue in a neutral place which would also have appropriate security and supervision. 9. After, consulting both sides, it appears that the Family Court Guntur, is an acceptable place for both sides. \ ■ 3 In the circumstances, this Writ Petition is disposed of, leaving it open to the petitioner to approach the Family Court. As an interim measure, for a period of four weeks, the petitioner shall be permitted to interact with the child, for one hour, on every alternate Sunday between 11.00 am to 12.00 noon. The Learned Judge of the Family Court, Guntur shall make appropriate arrangements for the said interaction. The Learned Judge of the Family Court, Guntur shall also make arrangements for a staff member of the Court to be present during the interaction and with adequate security. 10. 11. This Order of visitation is only for two visits, in the aforesaid four weeks. The first visit is to be, on 18.05.2025 and the second visit is to be, on 01.06.2025. There shall be no order as to costs. As a sequel, pending rnilscellaneous petitions, if any, shall stand Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR closed. ^ % , //TRUE COPY// SECTION OFFICER To, ^ Secretary to Government, Home Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Superintendent of Police, Bapatia District at Bapatia, Erstwhile Guntur District. 3. The Inspector of Police, Bapatia Circle, Bapatia Town, Bapatia District Erstwhile Guntur District. ^.^3tion House Officer, Repalle Police Station, Bapatia District Erstwhile Guntur District. 5. One CC to Sri Pasalapudi Satya Haritha, Advocate [OPUC] 6. One CC to Sri A.V. Paradhasaradhi, Advocate [OPUC] The Advocate General, High Court of Andhra Pradesh. 8. Two CD Copies RAM HIGH COURT DATED:05/05/2025 ORDER ■gf ANDff^ WP.No.2566 of 2024 X 09 MAY 2025 ^ Current Section ^ DISPOSING OF THE WP WITHOUT COSTS