IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.CHANDRA KUMAR WRIT PETITION NO : 2371 of 2009 Between Arepalli Ramakrishna s/o Subba Rao. ..... PETITIONER AND 1. Govt. of A.P. rep. by its Secretary, Home Department, Secretariat, Hyderabad. 2. Director General of Police, A.P., Lakdikapool, Hyderabad 3. Superintendent of Police, W.G.District. Eluru. 4. Circle Inspector of Police, Palakol rural Circle, Palakol. 5. Sub-Inspector of Police, Veeravasaram Police Station, Veeravasaram, W.G.Dist. .....RESPONDENS 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 a Writ of Habeas Corpus or any other appropriate writ, order or direction directing the respondents to produce the petitioner’s minor daughter—A.Durga, aged about 17 years, r/o Chintalakotigaruvu village, Veeravasaram Mandal, West Godavari district before this Hon’ble Court and set her liberty and grant such other relief or reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: Mr. V.V.L.N.Sarma Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following: Oral Order: (Per Hon’ble Sri Justice A.Gopal Reddy) The father of the alleged detenue—K.Durga, aged 17 years filed this writ petition for issuance of Habeas Corpus directing the respondents to produce his daughter and setting her liberty forthwith. It is alleged that the petitioner is eking out his livelihood by doing agricultural cooli work. He had two daughters. He performed the marriage of his first daughter. The 2nd daughter used to get carriage to him to the agricultural fields where he was working. While so, one Gaddam Musalaiah used to follow his daughter and harassing her stating that he fell in love with her. On coming to know he called him and chastised him. On 24-10-2008 when the alleged detenue went to answer the calls of nature, the said Musalaiah kidnapped her forcibly and all his efforts to trace out the girl failed. Therefore, he gave complaint on the same day evening at 6.30 P.M. to the 5th respondent and requested him to trace out the minor girl and handed over the custody of the girl to him. Police have registered the case in Cr.No.119 of 2008 under section 366(A) IPC, but so far not taken any action to trace out the alleged detenue. Hence the writ petition. The Sub-Inspector of Police—5th respondent filed counter affidavit stating that basing upon the compliant given by the petitioner he registered a case in Cr.No.119 of 2008 under Section 366(A) IPC on 24-10-2008 and investigation was taken up. During the course of investigation, the Investigation Investigating Officer examined the complainant, his younger brother and neighbours of the locality, who corroborated the contents of FIR. Later he surprised the houses of the friends and relatives of both the detenue and the suspect/accused. The Investigating Officer prepared look out notices and circulated to all the Station House Officers in the State and the said information was also published in the news papers. Later he visited Mandal Parishad Elementary School, Chinthalakoti Garuvu where the alleged detenue studied upto 5th class and after examining the Head Master obtained study certificate. During the course of investigation he came to light that the suspect/accused is an electrician and residing at Chinthalakoti Garuvu village, Veeravasaram Mandal. On 26-10-2008 he moved in and around Srungavruksham, Bhimavaram Town, Rayalama, China Amiram, Peda Amiram, Kopalle, Bondala, Kalla, Eturupadu, Kallakuru and Juvvapalem. On 30-10-2008 he moved in and around Daguluru, S.Chikkala, Lankalakoderu, Poolapalli, Palakol, Medapadu, Doddipatla, Elamanchili,Achanta and Poduru. On 08-11-2008 he moved Brahmanacheruvu, Martair, Penugonda, Pervavali, Tanuku, Tadepalligudem, Pentapadu, Pippara and Attili and surprised the houses of relatives and friends of both the alleged detenue and suspect/accused. The representation made by the petitioner dated 09- 12-2008 to the Superintendent of Police, West Godavari, Eluru was forwarded to the 5th respondent police station with a direction to take necessary action. By the time the representation is forwarded, he already registered the crime. During the course of investigation he examined one Kasani Lakshmi, maternal aunt of the alleged detenue in whose house the suspect/accused had taken a room on rent for keeping the electric materials. On examination she stated that the suspect regularly visited the house of the alleged detenue to meet her. On coming to know of the same, she warned the suspect not to go to the house of the alleged detenue, as the alleged detenue is her niece. In spite of the same, the suspect continued his activity. After some time the parents of the alleged detenue beat her and blamed that she encouraged the alleged detenue to meet the suspect. Since from the date of registration of crime efforts are being made to trace the alleged detenue and the suspect and the efforts are still going on. Having regard to the averment made in the counter affidavit that all efforts are made to trace out the alleged detenue and suspect, the contention of the learned counsel for the petitioner that the police have not made any efforts except registering the crime cannot be accepted and we accordingly direct the 5th respondent to complete the investigation with all seriousness and file an appropriate report within three months from the date of receipt of a copy of this order. If the alleged detenue is apprehended during the course of investigation, handover the possession of the girl to the petitioner with due intimation. With the direction as above, the writ petition is disposed of. _________________ A.GOPAL REDDY, J. __________________ B.CHANDRA KUMAR,J. 04-03-2009 Murthy ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. Govt. of A.P. rep. by its Secretary, Home Department, Secretariat, Hyderabad. 2. Director General of Police,A.P., Lakdikapool, Hyderabad 3. Superintendent of Police, W.G.District. Eluru. 4. Circle Inspector of Police, Palakol rural Circle, Palakol. 5. Sub-Inspector of Police, Veeravasaram Police Station, Veeravasaram, W.G.Dist. 6 Two CD copies