IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE ELEVENTH 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. 15981 of 2008 Between: Satrasala Srinivas Rao, 5/145, Vijayanagaram Street, Proddatur, Kadapa District. ..... PETITIONER AND 1 The Station House Officer, Adoni Police Station, Kurnool District. 2 The Superintendent of Police, Adoni, Kurnool District. 3 The Govt. of A.P., rep. by its Secretary, Home Department, Secretariat, Hyderabad. 4 The Superintendent of Police, Kadapa. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 21-07-2008 sent by the Petitioner herein, this Hon'ble Court may 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 the Petitioner's wife namely Nagajyothi by her brothers Mr. Gattu Nageshwar Rao and Mr. Gattu Nagabhushanrao and others (Gattu Buildings PN Road, Post Box No. 23, Adoni, Kurnool District) 2 days back; (ii) in action of the police; and this Hon'ble Court may be pleased to pass appropriate orders directing the concerned authorities and trace out the wife of the Petitioner and hand over her to the Petitioner and to pass such other or further orders as this Hon'ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner : TELEGRAM 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.15981 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned Assistant Government Pleader, representing the learned Government Pleader for Home, appearing for the respondents. 2. This writ petition is taken up basing on a telegram, dated 21-07-2008 sent by the petitioner to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, seeking Writ of Mandamus directing the respondents to trace out his wife, who was illegally kidnapped by her brothers and set her at liberty. 3. It is the grievance of the petitioner that one Sri Gattu Nageshwar Rao and Sri Gattu Nagabhushan Rao, who are the brothers of his wife viz., Smt. Nagajyothi, have kidnapped her two days prior to the issuance of the present telegram in order to kill her. From the said telegram, it appears that there were some property disputes between the petitioner and brothers of the petitioner’s wife. 4. A counter aﬃdavit has been ﬁled by the Sub-Inspector of Police, Adoni Police Station, Kurnool District, representing the ﬁrst respondent herein, stating inter alia that the petitioner has sent a telegram to the II Additional District Judge-cum-Chairman, Mandal Legal Services Committee, Adoni, stating that the brothers of his wife have kidnapped his wife two days back and the said telegram has been forwarded to the Circle Inspector of Police, Adoni, I Town Police Station, who inturn forwarded the same to the ﬁrst respondent for taking necessary action. Pursuant to the same, on 25-07-2008, the ﬁrst respondent has registered a case in Crime No.151 of 2008 under Section 363 of Indian Penal Code against the brothers of the wife of the petitioner and took up investigation. During the course of investigation, it was found that the wife of the petitioner was staying along with her son at her house at Proddutur and recorded her statement. On 30-07-2008, as per the directions of the II Additional District Judge, Adoni, the alleged detenu was produced before the Principal Junior Civil Judge (FAC) and Judicial Magistrate of First Class, Adoni, for recording her statement under Section 164 Cr.P.C., wherein she stated that her brothers have forced her to sign on some papers and when she refused to do so in the absence of her husband, she was kept in illegal captivity at some unkown place and some how she managed to escape and reached her husband. At present the alleged detenu i.e., the wife of the petitioner is staying along with the petitioner. The statement of the alleged detenu recorded under Section 164 Cr.P.C., is made part of the record. 5. Having regard to the facts stated in the counter affidavit, no further orders need be passed in this writ petition. 6. Accordingly, the writ petition is disposed of, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 11-08-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Adoni Police Station, Kurnool District. 2 The Superintendent of Police, Adoni, Kurnool District. 3 The Secretary to Government, Home Department, Government of A.P., Secretariat, Hyderabad. 4 The Superintendent of Police, Kadapa. 5. 2 CCs to the Government Pleader for Home, High Court Buildings, Hyderabad. (OUT). 6. 2 CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.15981 of 2008 11-08-2008 (Msr)