IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 18354 of 2007 Between: Smt.D.Thirumala W/o.D.Padmanabhachetty V.V.Puram, Arumakula Post, S.R.Puram Mandal Chittoor District ..... PETITIONER AND 1The Station House officer, Tenali II Town Police station Chittoor, Chittoor District 2The Superintendent of Police, Chittoor, Chittoor District 3The District Collector, Chittoor District, Chittoor 4The Director General of Police,Andhra Pradesh Hyderabad 5The Govt of AP., rep.by Secretary, Home Department Hyderabad 6K.Nataraja S/o.Krishnayya Chetty, R/o.Ramnagar colony, Chittoor 7K.Bhupathy S/o.Doraswamy Chetty, R/o.Ramnagar colony, Chittoor 8D.Ramesh S/o.Venkatesulu Chetty, R/o.Ramnagar colony, Chittoor 9K.Prakash S/o.K.Krishnayya Chetty, R/o.Ramnagar colony, Chittoor .....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 calling for the remarks and records from the respondents 1 to 5 and connected to i. kidnapping of petitioner minor daughter viz., Jyoshna by respondents 6 to 9 from the house of petitioners husband sister Smt.Kale,D.No.28-288/2, Ramnagar colony, Chittoore ii. Handing over the minor girl to K.Vijaya W/o.Venugopal Chetty Aunt of 6th respondent (1st Accused ) Who kept the said minor girl at her parents house at Kothapalle Motta with the help of one December Chetty due to political pressure (MTF) and the Hon`ble court may be pleased to pass appropriate orders directing the concerned authorities to probe in to the matter and trace out the minor daughter of the petitioner and handover to the petitioner and to pass Counsel for the Petitioner:TELEGRAM Counsel for the Respondent No.: GP FOR HOME The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.18354 OF 2007 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) This is a taken up writ petition on the basis of a telegram sent by the petitioner to the Hon’ble Chief Justice dated 16.8.2007 complaining that her minor daughter viz. Jyoshna was kidnapped by respondents 6 to 9 on 14.7.2007 trespassing into the house of her husband’s sister and on the complaint being lodged by her with II Town Police Station, Chittoor, the police though shown the arrest of the 1st accused on 8.8.2007, handed over the victim girl Jyoshna to the junior paternal aunt of the 1st accused viz., K.Vijaya at her parents house Kothapalle Mitta with the help of one December Chetty. In response to the notice issued, counter affidavit has been filed by the Sub-Inspector of Police, II Town Police Station, Chittoor, the first respondent herein admitting about the complaint lodged by the petitioner, on which basis a Crime No.95 of 2007 under Sections 448 and 366-A IPC was registered on 19.7.2007 and investigation was taken up. It is stated that pending the investigation, the victim girl voluntarily approached the first respondent along with the accused on 8.8.2007 and gave her statement stating that she is aged about 19 years and studied upto X Class and on her own accord, she went with the accused viz., Nataraja (6th respondent herein) and married him and she is not willing to go with her mother. Though the first respondent passed on the information about the appearance of the victim girl to her mother (petitioner herein), she did not come forward to take her and accordingly, the girl was handed over to K.December Chetty, who is a close relative of the victim, on her willingness. Later the victim girl was produced before the IV Additional Judicial Magistrate of First Class, Chittoor on 18.8.2007 and the learned Magistrate directed the girl to be kept in the State Rescue Home, at Hyderabad for safe custody till she attains majority. Accordingly, the victim girl was handed over to the custody of the Rescue Home on 19.8.2007. After completion of investigation, necessary charge sheet was filed before the Additional Munsif Magistrate, Chittoor and the same was taken on file as P.R.C.No.65 of 2007. When the girl was produced before this Court on 24.9.2007 and as her mother expressed her inability to keep the girl with her, we have directed the girl to be kept in the Rescue Home till she attains the age of majority. Meanwhile, we have directed the learned Government Pleader for Home to know the employment oriented training programmes vocational or educational that have been offered in the Rescue Home so that the girl during her stay at Rescue Home, can learn some skills that will be useful for her future career. Today, Smt. Y.V.Anuradha, Director of Women Development & Child Welfare Department, who is present in the Court, produced a letter dated 01.02.2008 under which, she has requested the Government to send the proposal for introducing useful employment oriented skill/training programmes in the Rescue Home for inmates, who are under trial for a short period. Along with the requisition, she has also forwarded a list of training courses. In view of the same, the Principal Secretary, Women Development & Child Welfare and Destitute Women Department, Andhra Pradesh is directed to take necessary steps for granting permission to introduce useful employment oriented skill/training programmes in the Rescue Home for the inmates during their stay that will be helpful for their future and pass necessary orders within three (3) months from the date of receipt of a copy of this order. With the above directions, the Writ Petition is closed. No order as to costs. ________________ A. GOPAL REDDY, J. _______________________ NOOTY RAMAMOHANA RAO,J. 18.02.2008 tsr To 1The Station House officer, Tenali II Town Police station Chittoor, Chittoor District 2The Superintendent of Police, Chittoor, Chittoor District 3The District Collector, Chittoor District, Chittoor 4The Director General of Police,Andhra Pradesh Hyderabad 5The Govt of AP., rep.by Secretary, Home Department Hyderabad. 6. Two C.Cs. to Advocate General, High Court Buildings, (OUT) 7. Two C.D. copies.