IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 19937 of 2008 Between: Kudupudi Satyanarayana S/o. Suryanarayana C/o K.Siva Varma HIG 100 Bharat Nagar Colony Moosapet,Hyderabad ..... PETITIONER AND 1 The Superintendent of Police Krishna District Machilipatnam 2 The Station House Officer Inakoduru P.S Bandar (M) Krishna District 3 Tammu Sai Babu S/o. Subba Rao 30/664 Ullangipalem Bandar(M) Krishna District .....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 an appropriate writ,order or direction more particularly one in the nature of writ of Mandamus declaring the illegal detention of the petitioner's parents on 8-9-2008 is arbitrary and contrary to law and also threatening the petitioner and his wife and petitioners parents by the police in Collusion with the Respondent No.1& 2 to provide police Protection to the petitioner and his wife and family members and pass Counsel for the Petitioner:MR.G.ARUN KUMAR Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HONOURABLE SRI JUSTICE C.V.RAMULU WRIT PETITION No. 19937 OF2008 ORDER: This writ petition is filed seeking a mandamus declaring the illegal detention of the petitioner and his parents by the police in collusion with respondent No.3 is in violation of Article 14 and 21 of the Constitution of India and consequently to direct the respondents 1 and 2 to provide police protection to the petitioner, his wife and parents. According to the petitioner he married the daughter of the 3rd respondent and they are living together. 3rd Respondent did not like the marriage of his daughter with the petitioner. Therefore, he approached the police and creating the problems for them and he gave a complaint to the 2nd respondent on 8-9-2008 against the petitioner, his parents stating that they have kidnapped the 3rd Respondent daughter. The police Enakoduru arrested and detained the petitioner and his parents on 8-9-2008 illegally and police further harassed the petitioner and his parents mentally and physically and threatened them with dire consequences stating that ‘how dare their son married the 3rd Respondent daughter’ and they would foist false cases against them. 2nd Respondent illegally detained the parents of the petitioner for more than 24 hours and they have been set free in the late hours on 9-9-2008. Hence, this writ petition. Basing on the complaint of the respondent No.3 a case in Crime No. 115 of 2008 under the head ‘Women Missing’ was registered on the file of the Enakoduru Police Station. During the course of investigation six witnesses were examined and their detailed statements were recorded under Section 161 Cr.P.C. While the investigation was in progress, the petitioner along with the daughter of the Respondent No.3 approached the police station voluntarily on 25-9-2008 at 1500 hours (missing woman i.e. complainant’s daughter) gave a statement wherein she stated that no one has kidnapped her and that she voluntarily went along with the petitioner herein. She was in love with him for the past five years and she married the petitioner on her own will in Arya Samaj at Secunderabad on 6-9-2008. At the time of recording the above said statement of the missing woman, her father who is complainant was also present. They both agreed by the same and investigation was completed and final report would be filed into the Court. Under those circumstances, the writ petition is disposed of directing the respondent No.1 and 2 not to harass the petitioner or call him to the police station or interfere with the life and liberty of the petitioner and his family members in any manner whatsoever without following due process of law. This writ petition is accordingly disposed of. No order as to costs. ____________________ Justice C.V. Ramulu 23rd December, 2008. KM THE HONOURABLE SRI JUSTICE C.V.RAMULU WRIT PETITION No. 19937 OF2008 23rd December, 2008.