IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(SPECIAL ORIGINAL JURISDICTION)

WEDNESDAY, THE TWENTY FOURTH DAY OF NOVEMBER, TWO THOUSAND AND TWENTY CHER

:PRESENT:

THE HONOURABLE SRI PRASHANT KUMAR MISHRA, CHIEF JUSTICE

AND

THE HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY WRIT PETITION No. 19644 of 2021

Between:

$\cdot^\bullet$

J. Sunil Babu, S/o J. PrasadRao, Occ : Childrens specialist, D.No. 9-4-7,

Sri Pottisreeramulu Street, Sullurupeta Town and Mandal, SPSR Nellore District.

....Petitioner

AND

• 1. State of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Guntur District.
• 2. The Superintendent of Police, Anantapur, Anantapuram District.
• 3. The Station House Officer, IV Town Police station Anantapur, Anantapuram District.
• 4. The Station House Officer, Sullurupeta Police Station, SPSR Nellore District
• 5. Eddula Kamalamma, W/o E.C. Obulesu,
• 6. EddulaShanthi Swaroopkumar, S/o. E.C. Obulesu,
• 7. Eddula Karuna, , D/o E.C. Obulesu,
• 8. Challa Rajendraprasad,
• 9. Eddula Bharathi, , D/o E.C. Obulesu, (All are respondents 5 to 9 herein are residing At D.No. 11-268, Plot no. 54, Gowrav Homes, Kakkalapalli Colony, 3^rd Lane, Rudrampeta, Anantapuram, Anantapuram 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 No.2 to 4 to produce the petitioner's son i.e., Amit Shahar(aged 7 years) before this Hon'ble Court to set him free.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Narasimhulu Parise, Advocate for the Petitioner and of Mr.Y.N. Vivekananda, learned Government Pleader appearing for respondent Nos.1 to 4, and Mr. Maheswara Rao Kunchem, learned counsel appearing for respondent Nos. 5 to 9, the Court made the following ORDER :-

(Through Physical mode)

"Heard Mr.P. Narasimhulu, learned counsel for the petitioner.

Also heard Mr. Y.N. Vivekananda, learned Government Pleader appearing for respondent Nos.1 to 4, and Mr. Maheswara Rao Kunchem, learned counsel appearing for respondent Nos.5 to 9.

The writ Petition in the nature of habeas corpus is filed for production of the petitioner's minor son, namely, Amit Shahar, aged 7 years, who is stated to be in the custody of his maternal grandparents.

Respondent No.5 is the maternal grandmother of the child, whereas the maternal grandfather is not made a party to this petition.

The petitioner is a doctor by profession and lost his wife, who was also a doctor, on 14.06.2021. As per the pleadings in the writ petition, the child was taken away by respondent Nos.5 to 9 after the death of the wife of the petitioner.

$\mathbf{2}$

The separation of the child from the petitioner being of recent origin, we feel that it would be appropriate to make an effort to find out some workable solution to reunite the petitioner with his son, if it is possible amicably, with the consent of all the interested parties.

Therefore, we have requested Mr. P. Veera Reddy, learned senior counsel, to conduct mediation between the parties, to which the learned senior counsel has agreed.

The mediation proceedings shall be conducted before the Secretary, High Court Legal Services Committee. The parties, including the child, shall appear before the Secretary, High Court Legal Services Committee at 11.00 a.m. on 04.12.2021 for mediation.

Mr. P. Veera Reddy, learned senior counsel, shall conduct mediation and submit a report before this Court on the next date of hearing. Post this case on 16.12.2021.

Let this order be communicated to Mr. P. Veera Reddy, learned senior counsel, as well as the Secretary, High Court Legal Services Committee."

Sd/- M. SRINIVAS ASSISATNT REGISTRAR

ا جآ

//TRUE COPY//

SECTION OFFICER

To

• 1. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District.
• 2. The Superintendent of Police, Anantapur, Anantapuram District.
• 3. The Station House Officer, IV Town Police station Anantapur, Anantapuram District.
• 4. The Station House Officer, Sullurupeta Police Station, SPSR Nellore District
• 5.Eddula Kamalamma, W/o E.C. Obulesu, Residing At D.No. 11-268,

Plot no. 54, Gowrav Homes, Kakkalapalli Colony, 3^rd lane, Rudrampeta, Anantapuram, Anantapuram District.

6.EddulaShanthi Swaroopkumar, S/o. E.C. Obulesu, Residing At D.No. 11-268, Plot No. 54, Gowrav Homes, Kakkalapalli Colony, 3^rd Lane, Rudrampeta, Anantapuram, Anantapuram District.

7.Eddula Karuna, D/o E.C. Obulesu, Residing At D.No. 11-268, Plot No. 54, Gowrav Homes, Kakkalapalli Colony, 3^rd Lane, Rudrampeta, Anantapuram, Anantapuram District.

• 8. Challa Rajendraprasad, Residing At D.No. 11-268, Plot No. 54, Gowrav Homes, Kakkalapalli Colony, 3^rd Lane, Rudrampeta, Anantapuram, Anantapuram District.
• 9.Eddula Bharathi, , D/o E.C. Obulesu, Residing At D.No. 11-268, Plot No. 54, Gowrav Homes, Kakkalapalli Colony, 3^rd Lane, Rudrampeta, Anantapuram, Anantapuram District. (Addressee Nos. 1 to 9 by RPAD)
• 10. Two CCs to the Advocate General, High Court of A.P., at Amaravati(OUT)

11.Mr. P. Veera Reddy, Senior Counsel, High Court of A.P., at Amaravati. (By Special Messenger)

12. The Secretary, High Court Legal Services Committee, High Court of A.P., at Amaravati(By Special Messenger)

• 13. Two CCs to Sri Y.N. Vivekananda, Govt. Pleader, High Court of A.P., At Amaravati(UT)
• 13. One CC to Sri P. Narasimhulu, Advocate(OPUC)
• 14. One CC to Mr. Maheswara Rao Kunchem, Advocate(OPUC)
• 15.One spare copy.

TKK

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HIGH COURT

HCJ & MSM.J

DT.24-11-2021.

$\mathop{\textbf{ORDER}}$

W.P.No. 19644 of 2021

DIRECTION