The High Court by its order dated 12.4.2000 directed the SHO Habeeb Nagar Police Station to produce the appellant along with two children before the Court on 17.4.2000 at 10.30 a.m. In companypliance with the said order the appellant and the two children were produced before the Court on the date fixed.
The appellant is a businessman and the respondent No.1 is a doctor practising Ayurvedic medicine.
On the same day the High Court directed the Metropolitan Sessions Judge, Hyderabad along with the Secretary of the Andhra Pradesh High Court Legal Services Committee to go to the hospital and meet respondent number1.
As numbered in the judgment of the High Court the lady also stated that the previous statement recorded by the S.I. of Police Ravindra was made under threat.
Thereafter on 10.4.2000 the first respondent filed a writ petition, writ petition No.6017/2000, in the High Court of A.P. with the following prayer For the reasons and in the circumstances stated in the accompanying Affidavit, the petitioner herein prays in the interests of justice, that this Honble Court may be pleased to issue an order or direction more in the nature of Writ of Habeas Corpus, directing the release of the petitioners minor children namely Ayesh Fathima and Syeded Zaiduddin who are under the custody of the 3rd respondent at present and set them at liberty and pass such other and further order or orders as this Honble Court may deem fit and proper in the circumstances of the case.
On the next day she was admitted in Princess Duru Shehvar Children General Hospital, Hyderabad.
This judgment is under challenge in this appeal filed by the father of the children by special leave.
It is relevant to numbere here that by the date of filing of the writ petition FIR No.54/2000 had already been registered at Habeeb Nagar Police Station on the basis of the statement of the respondent number1 recorded by the S.I. of Police, Ravindra.
On receiving intimation from the incharge of the hospital Sub Inspector Ravindra of the Police Station Habeeb Nagar went to the hospital and recorded the statement of the respondent.
The said statement was registered as FIR No.54/2000 on 28th March 2000 at 7.30 p.m. with Habeeb Nagar Police Station.
The Sessions Judge in companypliance with the said order went to the hospital and recorded the statement of the respondent number1.
In the writ petition, the respondent No.1 sought intervention of the Court for getting custody of the children who were then living with their father, the appellant.
In paragraph 5 of the judgment the High Court discarded the report of the Sub Inspector of Police, Habeeb Nagar Police Station, Ravindra.
Shri M.N.Rao, learned senior companynsel appearing for the appellant submitted that the High Court has seriously erred in travelling beyond the scope of the enquiry in the Writ Petition.
On 26th March 2000, the respondent number1 sustained burn injuries when she was in her house.
They have two children, a daughter named Ayesh Fathima aged 6 years and a son named Sayeed Zaiduddin aged 5 years.
Shri Rao companytended that the writ petition was filed seeking a writ of Habeas Corpus and for transfer of custody of the two children from their father to their mother.
They were married on 7.12.1993.
P.MOHAPATRA, J. Leave granted.
For deciding the case it was number necessary for the High Court to embark on an inquiry about the recording of the statement of the injured number was it relevant for the purpose of the case to deal with the question relating to investigation by the police.
LITTTTTTTJ The appellant is the husband of the respondent number1.
The State of Andhra Pradesh represented by its Principal Secretary Home Police Department, the Station House Officer of Habeeb Nagar Police Station and Syed Saleemuddin, the appellant herein, were cited as the respondents 1 to 3 respectively in the writ petition.
