IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 19619 of 2004 Between: 1 Syed Shareef S/o Syed Abdul Rehman R/o H. No. 7-65, Alinagar, Errakunta, R.R. district 2 Smt. Mairajunnisa W/o Syed Shareef R/o H. No. 7-65, Alinagar, Errakunta, R.R. district 3 Smt. Sayeedunnisa W/o Mohd. Moosa R/o H. No. 7-65, Alinagar, Errakunta, R.R. district ... PETITIONERS AND 1 The Commissioner of Police, Cyberabad City, Lakdikapool, Saifaad, Hyderabad 2 The Deputy Commissioner of Police, Cyberabad, Pahadi Shareef Division, Lakdikapool, Hyderabad 3 The Station House Officer, Police Station Pahadi Shareef, Ranga Reddy District 4 Khaja Moinuddin, R/o 7-55, Alinagar, Errakunta, Ranga Reddy District 5 Mohd. Moosa S/o Khaja Moinuddin H. No. 7-55, Alinagar, Errakunta, Ranga Reddy 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 may be pleased to issue an appropriate Writ, order or Direction, more particularly one in the nature of Writ of Mandamus, directing the Respondent Nos. 1 to 4 restraining them from interfering into the lawful and peaceful enjoyment of the marriage of the petitioner No.3 and the Respondent No.5 and from frequently calling them into the police station Pahadishareef and detaining them as illegal, arbitrary and unjust Counsel for the Petitioners: MR.MOHD.QASIM Counsel for the Respondents 1 to 3: GP FOR HOME Counsel for the Respondents 4 & 5: ---NONE APPEARED--- The Court made the following order: ORDER: Petitioners seek a Writ of Mandamus restraining the respondents 1 to 4 from interfering with the lawful and peaceful enjoyment of the marriage of Petitioner No.3 and Respondent No.5 and from frequently calling them to the Pahadi Shareef police station and detaining them. The fourth respondent lodged a complaint before the SHO, P.S. Pahadi Sahreef, Ranga Reddy District, alleging that his eldest son aged about 16 years, who is the fifth respondent, was missing from 25.09.2004 and they could not trace him out so far. The fourth respondent further alleges that his son was forcibly taken away by gang-men on 25.09.2004 at the instigation of Petitioner No.1 and his family and got him married to Petitioner No.3. Basing on the said complaint, the third respondent registered a case in Cr.No.225 of 2004 under Section 365 IPC and the matter was taken up for investigation. During the course of the investigation the fifth respondent and third petitioner were examined and their statements were recorded. The third respondent sent the fifth respondent to the Forensic Medicine for determination of his age as he does not appear as major and also filed a requisition before the Additional Judicial First Class Magistrate, West and South, Ranga Reddy District, to record the statements of the third petitioner as well as the fifth respondent. The Assistant Professor, Department of Forensic Medicine, Osmania Medical College, Hyderabad, examined the fifth respondent and issued Age Certificate certifying that the age of the fifth respondent is between 16 to 17 years. Counter has been filed denying the allegation that on registration of complaint given by the fourth respondent, the third respondent harassed the petitioners by frequently calling them to the police station. In view of the fact that a case in Cr.No.225 of 2004 is pending and in view of the averments made in the counter that the third petitioner and the fifth respondent were not at all harassed except investigating the case in accordance with law no orders need be passed in the writ petition. The writ petition is accordingly dismissed. No costs. ______________ V. ESWARAIAH, J April 26, 2005 Dsk To 1 The Commissioner of Police, Cyberabad City, Lakdikapool, Saifabad, Hyderabad. 2 The Deputy Commissioner of Police, Cyberabad, Pahadi Shareef Division, Lakdikapool, Hyderabad. 3 The Station House Officer, Police Station Pahadi Shareef, Ranga Reddy District. 4 Two CCs to GP For Home, High Court Buildings, Hyderabad (OUT) Two CD Copies.