THE HON’BLE SRI JUSTICE V ESWARAIAH AND THE HON’BLE SRI JUSTICE V SURI APPA RAO WRIT PETITION NO. 33041 OF 2010 Between: Achyutuni Venkata Subrahmanyeswara Pardha Saradhi … Petitioner And The Station House Officer, III Town PS, Eluru and another … Respondent Counsel for the Petitioner: Sri Kanbhampati Ramesh Babu Counsel for respondents: The learned Advocate General The Court made the following ORDER: THE HON’BLE SRI JUSTICE V ESWARAIAH AND THE HON’BLE SRI JUSTICE V SURI APPA RAO WRIT PETITION NO. 33041 OF 2010 ORDER : (Per Sri Justice V Eswaraiah) The present writ petition is filed seeking a direction to the respondents to produce Smt Achutuni Lakshmi Sujatha. The petitioner herein is husband of alleged detenue and the second respondent herein is her father. It is stated that the petitioner married the alleged detenue on 4.10.2009 and there after certain disputes arose between them and in July, 2010, the alleged detenue left the company of the petitioner and went to her parents house. It is alleged that the alleged detenue is suffering from a serious genetic disease i.e., nerves shivering and she could not hold items properly and requires assistance of others. Hence, the petitioner herein filed O.P. No.78 of 2010 on the file of the Family Court, Eluru seeking divorce and the same is pending. It is further stated that summons issued in the said case were returned with an endorsment by second respondent that the alleged detenue went to her in- laws house on 3.10.2010. The petitioner denies the same and alleges that the detenue and her father are black mailing him. Ultimately, on 21.12.2010, the petitioner submitted a report to the Station House Officer, III Town Police Station, Eluru, since no further action is taken in the matter, the present writ petition is filed. A counter affidavit is filed by the first respondent dated 10.1.2011 stating that pursuant to the complaint made by petitioner, Crime No. 283 of 2010 was registered under the head ‘women missing’ and during the course of investigation, radio messages to all the neighboring police stations was given and photographs and descriptive particulars of the alleged detenue through internet police messaging system were issued. Since we are not satisfied with the investigation made by the concerned police, by our order dated 24.1.2011 we have expressed our displeasure and observed that the investigation made by the Station House Officer is not diligent and on correct lines and directed to conduct through investigation and produce the missing girl by 2.2.2011 before this Court. Thereafter only the concerned police seems to have investigated the matter and stated to have traced her on 28.1.2011 while she was proceeding from Bhadrachalam to Narasapuram in APSRTC bus. Thereafter, she was produced before the Chief Judicial Magistrate, where her statement under Section 164 of Criminal Procedure Code was recorded. In her statement she stated that her husband is not giving reasonable protection from the ill-treatment by her in-laws and that her father-in-law is mis-behaving with her and abusing her and that her husband is not taking minimum care to protect and respect her. It is also stated that she wants to live with her husband and that without any justification a petition was filed seeking divorce. Today, the police produced the alleged detenue and her parents are also present in the Court. She stated before this Court that she is not suffering with any decease as alleged by her husband and would like to go along with her parents who are present in this Court. Hence, it cannot be said that the Smt Achyutuni Lakshmi Sujatha is in illegal detention, and no further orders are required to be passed in the present writ petition. However, it is open for her to pursue appropriate legal remedies for her protection and maintenance. Accordingly, the writ petition is dismissed. No costs. ______________ V.ESWARAIAH,J ________________ V SURI APPA RAO,J DATE: 31.1.2011 TVK THE HON’BLE SRI JUSTICE V ESWARAIAH AND THE HON’BLE SRI JUSTICE V SURI APPA RAO WRIT PETITION NO. 33041 OF 2010 Date: 31.1.2011