IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 4181 of 2008 Between: Smt. Susheela, W/o. Laxminarayana, R/o. 13-65, Nehru Nagar, Sherilingampally Mandal, Ranga Reddy District. ..... PETITIONER AND 1 The Station House Officer, S.R. Nagar Police Station, Hyderabad. 2 The Circle Inspector of Police, Chilakalaguda, Secunderabad. 3 The Commissioner of Police, Hyderabad. 4 The Director General of Police, High Court of A.P., Hyderabad. 5 The District Collector, Hyderabad District at Hyderabad. 6 The Govt. of A.P., Rep. by its Prl. Secretary, Home Department, Secretariat, Hyderabad. 7 The Superintendent, Gandhi Hospital, Musheerabad, Secunderabad. 8 Mr. Ranaveer Reddy, S.I., S.R. Nagar Police Station, Hyderabad. 9 Mr. Bramaiah, Head Constable, S.R. Nagar Police Station, Hyderabad. 10 Mr. Govind, Home Guard, S.R. Nagar Police Station, Hyderabad .....RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that for the reasons stated in the "Petition" dated 20-02-2008 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) joining of the Petitioner as inpatient for treatment for her advanced stage of pregnancy from 7th Respondent; (ii) kidnap of the Petitioner on the evening of 13-10-2006 from Gandhi Hospital, Musheerabad, Secunderabad by identified persons and taking away her to Chintal; (iii) commission of rape on the Petitioner by the identified persons; (iv) action of the official Respondents on the complaint made to the Respondent authorities by the Petitioner; and this Hon'ble Court may be pleased to direct the concerned Respondent authorities to transfer the matter to Jeedimetla Police Station and register the FIR against the culprits and to take action against identified persons 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: Petition Counsel for Respondent Nos.1 to 4, 6 and 8 to 10: GP for Home Counsel for Respondent No.5: GP for Revenue Counsel for Respondent No.7: GP for Medical, Health & Family Welfare The Court at the stage of admission made the following : ORDER: (per Sri B. Seshasayana Reddy, J) Petition dated 20-02-2008 sent by Smt. Susheela has been taken up as a writ petition. It is averred in the writ petition that she has been kidnapped from Gandhi Hospital, Musheerabad, Secunderabad on the evening of 13-10-2006 and she has been the victim of rape by the unidentified persons. Notice before admission has been ordered to the respondents. Counters have been filed on behalf of the 2nd respondent and the 7th respondent. Devender Singh, Inspector of Police, Chilakalaguda Police Station has sworn to the affidavit filed on behalf of the 2nd respondent and whereas B. Balaraju, Superintendent, Gandhi Hospital, Secunderabad has sworn to the affidavit filed on behalf of the 7th respondent. The petitioner is the second wife of Laxminarayana. Swaroopa is the first wife of Laxminarayana. She has a daughter and a son from the wedlock. Laxminarayana is a sub-contractor and he developed intimacy with the petitioner and thereby, the petitioner gained pregnancy. She was admitted to Gandhi Hospital for delivery. While so, some unidentified persons took her from the hospital and have beaten her. She claims that she has been raped by the unidentified persons. Two crimes came to be registered, one on the basis of the complaint presented by Swaroopa, which is the subject matter of Crime No.510 of 205 under Section 498-A IPC and another is Crime No. 31 of 2007 which came to be registered on the complaint filed by the petitioner under Section 3 (i) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The police completed investigation and filed charge sheet in Crime No. 510 of 2005. With regard to Crime No. 31 of 2007, investigation is stated to be pending. The accusation made in petition dated 20-02-2008 is that the petitioner has been subjected to rape. There seems to be no complaint presented by her before any police. Indeed, a similar complaint has been filed before the AP State Human Rights Commission. A report from the Assistant Commissioner of Police came to be filed pursuant to the directions given by the AP State Human Rights Commission. On considering the report of the Assistant Commissioner of Police, the AP State Human Rights Commission has disposed of the matter vide its order dated 04-10-2007 in H.R.C No. 831 of 2007 referring it to the Secretary, District Legal Services Authority, Ranga Reddy District. The order passed by the Hon’ble AP State Human Rights Commission has been enclosed to the counter filed on behalf of the 2nd respondent. The material brought on record clearly discloses that it is purely a marital dispute between the petitioner and Laxminarayana. Since the petitioner has a remedy available under law, she can as well approach the concerned police with necessary complaint against the persons responsible for the alleged rape. Since charge sheet has been filed in Crime No. 510 of 2005 and investigation in Crime No. 31 of 2007 is stated to be pending, no further orders are required to be passed in this taken up writ petition. Accordingly, this taken up writ petition is dismissed at the admission stage. A.GOPAL REDDY, J B.SESHASAYANA REDDY, J 15-04-2008 ks ………... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, S.R. Nagar Police Station, Hyderabad. 2 The Circle Inspector of Police, Chilakalaguda, Secunderabad. 3 The Commissioner of Police, Hyderabad. 4 The Director General of Police, High Court of A.P., Hyderabad. 5 The District Collector, Hyderabad District at Hyderabad. 6 The Principal Secretary, Govt. of A.P., Home Department, Secretariat, Hyderabad. 7 The Superintendent, Gandhi Hospital, Musheerabad, Secunderabad. 8 2 CCs to the Government Pleader for Home, High Court of Andhra Pradesh, Hyderabad (OUT). 9 2 CCs to the Government Pleader for Medical, Health and Family Welfare, High Court of Andhra Pradesh, Hyderabad (OUT). 10 2 CCs to the Government Pleader for Revenue, High Court of Andhra Pradesh, Hyderabad (OUT). 11 2 CD copies.