IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH 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 : 21769 of 2008 Between: 1. Badugu Nagaraju S/o.Chandra Mouli R/o.Dasarajupalli village Ongole Mandal Prakasam District 2. Badugu (Narasimhasetty) Naga Navyatha W/o.B.Nagaraju R/o.Dasarajupalli village Ongole Mandal Prakasam District ..... PETITIONERS AND 1.Station House officer, Ongole Taluka Police station Sujathanagar ,Ongole,Prakasam District 2.Narasimhasetty Srinivasa Rao S/o.Subbaiah R/o.Dasarajupalli village Ongole Mandal,Prakasam District .....RESPONDENTS 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 order or direction more particularly one in the nature of writ of mandamus declaring the action of the 1st respondent herein in not giving the protection to the petitioners herein to enter into their village Dasarajupalli ,Ongole Mandal, Prakasam District as being illegal, arbitrary, biased and unconstitutional and consequently direct the 1st respondent to take necessary action against the 2nd respondent herein in interfering with the liberty of the petitioners herein while residing at Dasarajupalli village, Ongole Mandal, Prakasam District. Counsel for the Petitioner: MR.GADE VENKATESWARA RAO Counsel for the Respondent No.1: GP FOR HOME The Court made the following: IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH 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 : 23126 of 2008 Between: N. Srinivasa Rao, S/o. Subbaiah, R/o. Dasarajupalli Village, Ogole Mandal, Prakasam District. ..... PETITIONER AND 1. The State of Andra Pradesh, Rep by its Principal Secretary (Home), Secretariat, Hyderabad. 2. The Director General of Police, Lakdikapool, Hyderabad. 3. The Superintendent of Police, Ongole, Prakasam District. 4. The Station House Officer, Ongole Taluk Police Station, Ongole, Prakasam District. 5. Badugu Nagaraju, S/o. Chandramouli, Dasarajupalli Village, Ongole Mandal, Prakasam District. .....RESPONDENTS 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 directing the respondents to produce the body of Kum.Narsimsetty Naga Navyatha, D/o. Narsim Setty Srinivasa Rao, aged about 17 years, before this Hon'ble Court and set her at liberty forthwith. Counsel for the Petitioner: MR.MD.SALEEM Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE B.CHANDRA KUMAR W.P.NO.21769 OF 2008 AND W.P.NO.23126 OF 2008 COMMON JUDGMENT: (PER AGRJ) Since common issue is involved, these two writ petitions are heard together and being disposed of by common order. W.P.No.21769 of 2008 is filed to declare the action of the 1st respondent in not giving protection to the petitioners to enter into their village Dasarajupalli, Ongole Mandal, Prakasam District as being illegal, arbitrary and unconstitutional. It is stated that both the petitioners in W.P.No.21769 of 2008 and 2nd respondent – Narasimhasetty Srinivasa Rao are residents of Dasarajupalli Village, Ongole Mandal, Prakasam District. 1st petitioner belongs to Harijana Mala Caste and 2nd petitioner belongs to Kamma Caste. The 1st petitioner studied up to SSC and working as auto driver. The 2nd petitioner also studied 10th class and discontinued further studies. They fell in love with each other since one year and as it was not accepted by their parents, they constrained to leave their village and got married on 25.09.2008 at Lord Sri Venkateswara Swamy with Rajyalakshmi Alivelumanga Temple at Puligadda Village, Avanigadda Mandal, Krishna District against the will and wish of their parents. After their marriage when they tried to enter into the village, they were advised not to enter into the village without any protection as the 2nd respondent, who is the father of the 2nd petitioner cause harm to their lives. Therefore, they approached the 1st respondent for protection of their lives, but the 1st respondent refused to take complaint against the 2nd respondent. Whereas, the 2nd respondent, who is father of the second petitioner filed W.P.No.23126 of 2008 seeking to issue a writ of habeas corpus for production of the 2nd petitioner - Kum.Narsimsetty Naga Navyatha, D/o Narsim Setty Srinivasa Rao, aged about 17 years. According to him, on 10.09.2008 while he slept outside the house, his wife and daughter slept in the house. On 11.09.2008 at about 5.00 AM when he went into the house, his daughter is missing and when he questioned his wife, she stated that in the night at about 1 ‘O’ clock 1st petitioner – Badugu Nagaraju along with his friends trespassed into the house and poured unknown powder on her and forcibly took away their daughter. He lodged a complaint before the 4th respondent – The Station House Officer, Ongole Taluk Police Station, Ongole. The police registered a case in Crime No.311 of 2008 of Ongole Taluk Police Station for the offence under Section 366 of IPC against the 1st petitioner in W.P.No.21769 of 2008 but till date, no action has been taken. The Sub-inspector of Police Ongole Taluk Police Station, Ongole, Prakasham District filed counter affidavit denying the allegation that he refused to give protection to the 1st petitioner in W.P.No.21769 of 2008. He stated that on the complaint lodged by the father of the detenue a case in Crime No.311 of 2008 was registered under Section 366-A of IPC and investigation was taken up. After he resumed charge on 17.9.2008, he took up further investigation and examined parents of the suspect and the paternal uncle and also friends of the 2nd petitioner. During the course of enquiry he came to know that the first and second petitioners fell in love with each other and might have left the village and presently their whereabouts are not known. Pursuant to the interim order passed in W.P.No.21769 of 2008 on 30.9.2008, he once again examined the father of the 2nd petitioner i.e. petitioner in W.P.No.23126 of 2008 and he brought the facts mentioned in the affidavit to the notice of the father of the 2nd petitioner. The investigation is under progress. A report has been called for from the Sub Divisional Police Officer, Ongole which discloses about the registration of the crime pursuant to the complaint made by the father of the alleged detenue and during the course of investigation look-out notice with the photograph and descriptive particulars of the kidnapped girl N.Naga Navyatha and the brief facts of the case have been communicated and transmitted to all the SHOs in the state with a request to cause enquiries within their respective jurisdiction, nab the accused and to pass information if the accused or the victim girl is traced out and also distributed pamphlets containing the photographs and descriptive particulars of the kidnapped girl, and that the family members of the victim girl were examined, their statements were recorded besides examining the place from where the victim girl is said to have been kidnapped. A special party consisting of one head constable and one police constable of Ongole Taluk PS was formed on 26.09.2008 and deputed exclusively to cause enquiries to apprehend the accused Badugu Nagaraju and to trace the kidnapped girl. The special party visited Amalapuram of East Godavari District, Guntur District, Krishna District, Hyderabad and Nellore District and made enquiries. The S.I of Police, Ongole Taluk PS issued notice with a request to produce petitioners for examination and to give protection to them. The SI of police visited Puligadda village of Avanigadda Mandal of Krishna District and shown the photographs, and examined the Chairman of Rajya Lakshmi Alivelumangasametha Sri Venkateswaraswamy vari Temple and that he stated that the petitioners got married in the temple. The priest, by name Agnihotram Venkata Ramana Charyulu confirmed that he performed the marriage. Writ petition No.21769 of 2008 filed by the petitioners discloses that the victim girl appears to have been not kidnapped and voluntarily left the house with her husband when she married 1st petitioner-accused in Crime No.311 of 2008. Considering the circumstances of the case, the Sub Divisional Police Officer, Ongole is directed to monitor the case, trace out the detenue and produce her before the competent Court after due intimation to the petitioner in W.P.No.23126 of 2008 within three months and file necessary report. Accordingly, the writ petitions are disposed of. No costs. ____________________ A.GOPAL REDDY,J Dated: 17.03.2009 _______________________ B.CHANDRA KUMAR,J kvrm HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE B.CHANDRA KUMAR W.P.NO.21769 OF 2008 AND W.P.NO.23126 OF 2008 DATED: 17.03.2009