IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No. 14458 of 2008 Between: Smt. R. Salabha Dass Dhana Laxmi, W/o. Sri Vijay Kumar, (Vijay Mistra) Bhudhanam Village, Chillakur Mandal, Nellore District. ..... PETITIONER AND 1 The Station House Officer, Chillakur Police Station, Nellore District. 2 The Superintendent of Police, Nellore District, Nellore. 3 The District Collector, Nellore District, Nellore. 4 The Director General of Police, Government of AP Hyderabad. 5 The Govt. of Andhra Pradesh, Rep by its Prl. Secretary, Home Department, Secretariat, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue an order, direction, or a writ, more particularly one in the nature of Writ of Mandamus to call for the records and remarks from the respondents herein in and connected to (i) Kidnapping of petitioner's minor daughter namely Kum. Devi by her second husband namely Vijay Kumar (Vijay Misra), on 04-5-2008 from Bhudhanam Village (ii) Threatening the petitioner on telephone and demanding money otherwise to kill her and her daughter, (ii) action of the Respondents herein on the complaint of petitioner dated 07-5- 2008 and this Hon'ble Court may be pleased to pass Counsel for the Petitioner : PETITION Counsel for the Respondents : GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.14458 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel for the petitioner as well as the learned Government Pleader for Home, appearing for the respondents. 2. This Writ of Mandamus is taken up basing on a petition, dated –nil-, sent by the petitioner to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, wherein it is alleged that her daughter viz., Kum. Devi, was kidnapped by one Sri Vijay Kumar (Vijay Misra), belonging to Bihar State, who was allegedly the second husband of the alleged detenu, on 04-05-2008, and failure on the part of the police in tracing the missing girl, and seeks a direction to the respondents to trace out her missing daughter. 3. A counter aﬃdavit has been ﬁled by the Sub-Inspector of Police, Chillakur Police Station, Nellore District, representing the ﬁrst respondent herein, stating that a complaint was lodged by the petitioner on 27-06-2008 stating that one Sri Vijay Kumar @ Vijay Mishra, son of Tagore Mishra, belonging to Bihar State, had kidnapped her minor daughter Kum. Devi and basing on the said complaint a case in Crime No.94 of 2008 for the oﬀence punishable under Sections 365 and 344 of Indian Penal Code was registered on 27-06-2008 and investigation was taken up. During the course of investigation, the police went to Calcutta and from there to Bihar State, where the alleged detenu could be traced and brought her to Nellore on 30/31-07-2008 and after recording her statement, she was sent to medical examination for determining her age. Thereafter the alleged detenu was produced before the Additional Judicial First Class Magistrate at Gudur, Nellore District and as per the orders of the learned Magistrate, she was sent to Women Welfare Oﬃcer, Seva Sadan, Podalakur Road, Nellore. It is also stated that the statement of the alleged detenu under Section 164 Cr.P.C., was recorded by the learned Magistrate on 01-08-2008, wherein she deposed that due to unbearable torture of her mother i.e., the petitioner herein, she voluntarily went away along with Sri Vijay Mishra, whom she likes, to Bihar State and resided with the alleged accused-Vijay Mishra and that she is a major. In the counter aﬃdavit, it is further stated that, as per the records, since the alleged detenu was born on 03-01-1990, she appear to be a major. 4. In view of the revelation of facts in the counter aﬃdavit that the alleged detenu was produced before the competent Court and in view of the statement of the alleged detenu before the learned Magistrate that she went along with the said Vijay Mishra on her own volition, particularly in view of the fact that the alleged detenu is a major, we are of the opinion that this Court cannot interfere with the liberty of the alleged detenu and she is at liberty to live anywhere and move freely according to her will and wish. 5. For the foregoing, there are no merits in the writ petition and the same is liable to be closed. 6. With the above observations, the writ petition is closed, at the stage of admission. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 05-08-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Chillakur Police Station, Nellore District. 2 The Superintendent of Police, Nellore District, Nellore. 3 The District Collector, Nellore District, Nellore. 4 The Director General of Police, Government of AP Hyderabad. 5 The Principal Secretary to Government, Home Department, Government of A.P., Secretariat, Hyderabad. 6. Two CCs to the Government Pleader for Home, High Court Buildings, Hyderabad. (OUT). 7. Two C.D. copies. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.14458 of 2008 05-08-2008 (Msr)