IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.1990 of 2009 Between: I. Baheer Ahmed, District Convenor, Child Rights Protection Forum, Kodangal Mandal, Mahaboobnagar District. ..... PETITIONER AND 1. The Station House Officer, Kodangal Mandal, Mahaboobnagar District. 2. The Inspector of Police, Kodangal Mandal, Mahaboobnagar District. 3. The Superintendent of Police, Mahaboobnagar District. 4. The Deputy Inspector General of Police, Govt. of A.P., Hyderabad. 5. The Director General of Police, Govt. of A.P., Hyderabad. 6. The Govt. of A.P., Rep. by its Prl. Secretary, Home Department, Secretariat, Hyderabad. 7. Pakeeramma, Kodangal Mandal, Mahaboobnagar District. 8. Abdullappa, S/o. Gunipakeeriah, Kodangal Mandal, Mahaboobnagar District. 9. Chandrapa, S/o. Tontapakeerappa, Kodangal Mandal, Mahaboobnagar 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 For the reasons stated in the "Fax Message" dated 28-01-2009 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) missing of one Kum. Faridabegum, aged 12 years, D/o. Pathihanumoor of Chitipalli Village Panchayat on 07-01-2009; (ii) action of the Respondents on the complaint given by the parents of the missing girl; this Hon'ble Court may be pleased to issue necessary direction to the concerned Respondents to probe into the matter and to trace out the missing girl i.e., Kum. Faridabegum and hand over her to the parents 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:FAX MESSAGE Counsel for the Respondent No.: GP FOR HOME The Court made the following : ORDER: This is a taken up writ petition on the basis of the Fax Message, dated 28.01.2009 sent by the petitioner to the Hon’ble the Chief Justice for calling for the records and remarks from the respondents in connection with the missing of one Kum.Faridabegum, aged 12 years, D/o.Pathihanumoor of Chitipalli Village, and the action of the respondents on the complaint given by the parents of the missing girl. In response to the notice, the Sub Inspector of Police, Kodangal Police Station, Mahabubnagar District filed a counter affidavit stating that one Mr.Fathe Ahmed, S/o.Kashim Sab, resident of Chitlapalli Village of Kodangal Mandal lodged a complaint on 15.01.2009 before the Police, Kodangal stating that on 07.01.2009 his daughter- Faridabegum went to see “Alams” and thereafter she did not return home. Based on the said complaint, a case in Crime No.6/2009 under Section 366(A) I.P.C was registered on 15.01.2009. During the course of investigation, the accused along with the victim girl were traced and the accused were apprehended on 01.02.2009 at Tallagadda, Hyderabad and were remanded to judicial custody. The Sub Inspector of Police examined the victim girl and recorded her statement, wherein she stated that she developed friendship with Harijan Chandrappa, S/o.Tonga Pakeerappa, aged 22 years for the last one year and on 07.01.2009 she eloped with him with the assistance of Abdulappa and she was kept in a rented room at Hyderabad. Based on the said statement, Section 376 I.P.C was added to Section 366(A) I.P.C and the victim girl was produced before the Medical Officer, District Hospital at Mahabubnagar for medical check up. The Sub Inspector of Police filed a requisition before the Judicial Magistrate of First Class, Kodangal on 01.02.2009 to examine the victim girl and to further order for safe custody of the victim girl, since she is a minor girl. Since the victim girl deposed before the Magistrate that she is willing to stay along with her father-Fateh Ahmed, the Magistrate handed over her custody to her father. The above averments made in the counter-affidavit discloses that based on the complaint lodged by Mr. Fathe Ahmed a crime was already registered; that the accused were apprehended and were remanded to judicial custody; and that the alleged missing girl is now staying with her father. In view of the same, after receipt of the relevant reports from the Forensic Science Laboratory, the Police, Kodangal are directed to file report under Section 173 Cr.P.C before the Magistrate concerned. With the above direction, the writ petition is dismissed. ______________________ A. GOPAL REDDY, J ______________________ VILAS V. AFZULPURKAR, J Date: 20.02.2009 va