IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION Nos. 23750 AND 25853 OF 2007 WRIT PETITION NO : 23750 of 2007 Between: A. Bharathy, R/o. 13-7-797-A, TUDA Office Road, Tirupathi, Chittoor District. ..... PETITIONER AND 1 The Superintendent of Police, Chittoor District. 2 The District Collector, Chittoor District. 3 The Director General of Police, Govt.of A.P., Hyderabad. 4 The Govt. of A.P. Rep by its Prl. Secretary, Home Department, Secretariat, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that in the circumstances for the reasons stated in the "Telegram" dated 03-11-2007 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) the kidnapping Petitioner's daughter namely Nireesha by the Sex Rocket of Tirupathi Town viz., Pawan Kumar, Nagarjuna, Ravindra and Dhana; (ii) for not arresting the team of Sex Rocket who had kidnapped Petitioner's daughter and sold out her to Bombay Red Light Areas and black mailing the Petitioner by registering false cases against her; and this Hon'ble Court may be pleased to pass appropriate orders directing the concerned authorities to trace out the Petitioner's daughter and hand over her to the Petitioner and take action against the kidnappers/ team of Sex Rocket 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: TELEGRAM Counsel for the Respondents: GP FOR HOME WRIT PETITION NO : 25853 of 2007 Between: A. Siva Prasad H. No. 13-7-796-A, TUDA, Office Road, Tirupathi East Chittoor District, ..... PETITIONER AND 1 The Station House Officer, East Police Station, Tirupathi, Chittoor District. 2 The Superintendent of Police, Chittoor District at Chittoor. 3 The Sub Divisional Police Officer, Thirupathi, Chittoor District. .....RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that in the circumstances for the reasons stated in the "Petition" dated 01-11-2007 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 Habeas Corpus directing the respondents herein to produce the daughter in law of the petitioner herein namely Mrs. Nireesha, 19 years, before this Hon'ble Court, who is kidnapped twenty days ago by Anti Social Elements with the connivance of Tirupathi Police, apprehending danger to her life and trace out the said Nireesha and set her at Liberty forthwith 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 the Respondents: THE ADVOCATE GENERAL The Court at the stage of admission made the following : COMMON ORDER: (per Sri A. Gopal Reddy, J) Telegram sent by the mother of one Nireesha to the Hon’ble the Chief Justice alleging that the team of sex rocket viz., PawanKumar, Nagarjuna, Ravindra and Dhana kidnapped and sold her daughter to brothel units of Bombay Red Light Area and that the police are not showing any interest to trace out the missing girl was taken up as a writ of habeas corpus in Writ Petition No. 23750 of 2007. When the said writ petition was pending, the father-in-law of the missing girl A. Siva Prasad addressed letter dated 01-11-2007 to the Hon’ble the Chie Justice received by the Registry on 19-11-2007 stating that 20 days back his daughter-in-law Mrs. Nireesha, aged 19 years was kidnapped and sold out to the brothel units of red light areas in Bombay and the police are not evincing any interest to trace out her. The same has been taken up as a writ of habeas corpus in Writ Petition No. 25853 of 2007. Since both the writ petitions pertain to the missing of Mrs. Nireesha, they have been taken up together and disposed of by this common order. In response to the notice, the Additional Superintendent of Police, Chittoor District filed a counter affidavit stating that one P. Muneendra Babu, the father of the missing girl lodged a complaint before the 1st respondent on 16-10-2007 stating that the alleged detenue left the house on her Bajaj Crystal Black colour vehicle and did not return home and in spite of his search in the surrounding places, her whereabouts are not known and he suspects the involvement of one Pavan, Nagarjuna, Srinivas, Satish, Kiran and Dhanalakshmi. It is further stated in the complaint that his daughter took away Rs.30,000/- and some gold ornaments. On receipt of the complaint, a case in Crime No. 217 of 2007 has been registered under the head ‘girl missing’ on 17-10-2007 and investigation was taken up. Look out notices were circulated and affixed in various places on 20-10-2007. While the investigation was going on, on 19-10-2007, the complainant visited the 1st respondent and stated that he received a phone call from his daughter from Proddutur, Kadapa District stating that she is safe and not to try for her. On enquiry, it came to light that the call was made from a STD booth near Kanyaka Parameswari Temple, Proddutur, but the missing girl could not be traced out. On 1-11-2007, the Investigating Officer examined A-1, A-5 and A-6 i.e., Pavan Naik, Kiran Reddy and Dhanalakshmi and recorded their statements, wherein Pavan Naik stated that A-6 Dhanalakshmi and himself are neighbours and the missing girl is their close friend. He was working as a part- time employee in ICICI Bank and he came to know that on 16-10-2007 A-2 and the missing girl are missing and that the father of the missing girl lodged a complaint against himself and others. When the Investigating Officer examined one Govardhan Naik, a friend of A-1 and A-2, he stated that the missing girl and Nagarjuna Naik married and visited Hyderabad about 12 days back and on asking, he gave some money to A-2. Further, Dhanalakshmi who is A-6 in Crime No. 217 of 2007 lodged a complaint before the 1st respondent stating that the parents of the missing girl trespassed into her house and abused her in filthy language by taking her caste and beat her indiscriminately. Basing on the same, a case in Crime No.218 of 2007 under Section 324, 506 read with Section 34 IPC and Section 3 (i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was registered against the family members of the missing girl and investigation is also taken up. It is also stated in the counter that the police are making all efforts to trace out the missing girl. Since the police are taking all efforts to trace out the missing girl and since the investigation also discloses that the missing girl who is a major married A-2 in Crime No. 217 of 2007 and both of them eloped and that the missing girl is not detained by A-2, no adjudication is called for on the telegrams. Both the writ petitions are accordingly dismissed. However, the police are directed to complete the investigation within three months and file a report after due intimation to the parents of the missing girl. A.GOPAL REDDY, J R. KANTHA RAO, J 21-04-2008 ks ………... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Superintendent of Police, Chittoor District. 2 The District Collector, Chittoor District. 3 The Director General of Police, Govt.of A.P., Hyderabad. 4 Principal Secretary, Govt. of A.P., Home Department, Secretariat, Hyderabad. 5 The Station House Officer, East Police Station, Tirupathi, Chittoor District. 6 The Sub Divisional Police Officer, Thirupathi, Chittoor District. 7 2 CCs to the Advocate General, High Court of Andhra Pradesh, Hyderabad (OUT). 8 2 CD copies.