IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY 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. 13289 of 2008 Between: B.Laxmi, W/o.Late Rajaiah Resident of Korem village of Boinpalli Mandal, Karimnagar District. ..... PETITIONER AND 1 The Superintendent of Police, Karimnagar 2 The S.H.O., Boinpalli, P.S., Karimnagar District 3 The S.H.O., Karimnagar I Town, Karimnagar 4 The Superintendent , Rescue Home (Swadhar Rehabilitation Centre), Karimnagar 5 R.Narayana S/o.Rajaiah Resident of Korem village, of Boinpalli Mandal karimnagar district (now lodged in District Jail, Karimnagar) .....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 a writ order or direction more particularly one in the nature of writ of Habeas corpus to produce petitioner daughter Bathini Kantha before this Hon`ble court and restore her to the petitioner and pass Counsel for the Petitioner : MR.S.SATYAM REDDY Counsel for the Respondent No.1 to 3 : THE ADVOCATE GENERAL The Court made the following : THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.13289 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent Nos.1 to 3. 2. The present Writ of Habeas Corpus is filed by the petitioner seeking to produce her daughter viz., Bathini Kantha before this Court and give her custody to the petitioner. 3. The facts, in brief, which are not in dispute, are that on 23-04-2008, when the petitioner went to attend the funeral ceremony of her relatives, the daughter of the petitioner, who is aged about 15 years, escaped from the house and on enquiry, the petitioner came to know that the fifth respondent had taken away her daughter and kept her in his custody. Basing on her complaint, a case in Crime No.41 of 2008 for the offence punishable under Section 366-A of Indian Penal Code of Boinpalli of Karimnagar District, was registered. While so, on 03-06-2008, the second respondent police could trace the alleged detenu and since the alleged detenu was not willing to go with her mother, petitioner herein, they filed a requisition before the Junior Civil Judge, Sircilla, who inturn directed the fourth respondent i.e., the Superintendent, Rescue Home (Swadhar Rehabilitation Centre), Karimnagar, to admit her and accordingly, the alleged detenu was kept in the fourth respondent Rescue Home. On 09-06-2008, the fourth respondent had lodged a complaint before the third respondent police stating that the alleged detenu was missing from the Rescue Home with effect from about 3-00 p.m., on 08-06-2008. 4. It appears, the grievance of the petitioner is that the friends of the fifth respondent, in whose company the alleged detenu was initially found by the police, helped the alleged detenu in escaping from the fourth respondent Rescue Home. It is her further grievance that the relatives and friends of the fifth respondent confined her daughter and not permitting her daughter to come to the house. 5. In pursuance of the notices issued by this Court, a detailed counter affidavit has been filed by the Circle Inspector of Police, Karimnagar Town Circle, Karimnagar District, representing the third respondent herein, stating that a look out notice with the photograph of the alleged detenu was prepared and circulated to all the Police Stations in the District and neighbouring District Police Stations. It is also stated that Radio message was also flashed to all the Station House Officers of Telangana Region and a special team was constituted to search the alleged detenu, which had caused enquiries about the alleged detenu at Dharmasalas, Choultries, Bus Stations and Railway Station, but could not get any information about the alleged detenu and that the police are making all efforts to trace the alleged detenu. 6. From the categorical statement made by the third respondent in the counter affidavit, it appears that the police have been making all their best efforts to trace the alleged detenu. 7. However, we are of the view that the first and foremost duty of taking care of the minor girl is upon the petitioner, being the mother of the alleged detenu. Proper care, obviously, was not taken by the petitioner. However, on a complaint made by the petitioner, initially the police could trace the alleged detenu in the company of the fifth respondent and the fifth respondent was remanded to judicial custody and the alleged detenu was sent to fourth respondent Rescue Home from where she was again found missing. 8. The conduct of the alleged detenu appears to be somewhat peculiar. Constant vigilance by the Rescue Home or by the police can be kept on the alleged detenu. But beyond the limit, it is not possible either for the authorities of the Rescue Home or for the police or for anybody to watch the movements of the alleged detenu through out and round the clock. In such circumstances, the alleged detenu, who was missing and traced, was again missing. However, as could be seen from the counter affidavit, the police are making their best efforts to trace the alleged detenu. 9. From the elaborate counter affidavit and the various steps that have been taken by the third respondent police to trace the alleged detenu, we deem it appropriate to direct the respondents to intensify the search of the alleged detenu and as and when she is traced, the same may be reported to this Court through the Registrar (Judicial), High Court of Andhra Pradesh, by way of filing ‘Status Report’. 10. With the above observations and directions, the writ petition is closed, at the stage of admission. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 21-07-2008. Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Superintendent of Police, Karimnagar. 2 The S.H.O., Boinpalli, P.S., Karimnagar District. 3 The S.H.O., Karimnagar I Town, Karimnagar. 4 The Superintendent , Rescue Home (Swadhar Rehabilitation Centre), Karimnagar 5. Two CCs to Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. 6. Two C.D. copies. THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.13289 of 2008 21-07-2008 (Msr)