IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH 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 TAKEN UP WRIT PETITION No. 12906 of 2008 Between: M. Chennappa, H.No.28-1069-CDE, Sai Baba Nagar, Nandyal, Kurnool District. ..... PETITIONER AND 1 The Station House Officer, Nandyal Police Station, Kurnool District. 2 The Superintendent of Police, Kurnool District at Kurnool. 3 The Govt. of A.P., Rep. By its Principal Secretary, Home Department, Secretariat, Hyderabad. .....RESPONDENT(S) For the reasons stated in the "Letter" 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 kidnapping the daughter of the Petitioner herein viz., Prema Kumari studying Intermediate first year in K.V.R. Junior College at Kurnool by Kotipogu Lazar, S/o. Jayanna, R/o. Gnanapuram Street, Kurnool District; and this Hon'ble Court may be pleased to pass appropriate orders directing the Respondents herein to probe into the matter 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 : LETTER Counsel for the Respondents : GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.12906 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice K.C.Bhanu) Heard learned Assistant Government Pleader, representing the learned Government Pleader for Home, appearing for the respondents. 2. This Writ of Habeas Corpus is taken up basing on a letter sent by the petitioner, which was received on 17-06-2008, wherein it is alleged that his daughter viz., Ms. Prema Kumari, studying Intermediate I Year in K.V.R. Junior College at Kurnool, was kidnapped by one Kotipogu Lazar, s/o. Jayanna, resident of Gnanapuram Street, Kurnool District, and seeks production of his daughter before this Court. 3. A counter affidavit has been filed by the Sub-Inspector of Police, Nandyal Police Station, Kurnool District, representing the first respondent herein, stating that the wife of the petitioner viz., Smt. Manchala Ankamma, lodged a complaint stating that her daughter viz., M.Prema Kumari, aged about 16 years, was missing from 20-01-2008 and requested to take necessary action. Basing on the said complaint a case in Crime No.25 of 2008 under the head “Woman Missing” was registered on the file of Nandyal III Town Police Station, on 28-02-2008 and investigated into. While investigation was in progress, on 26-03-2008, the petitioner approached the first respondent police along with her missing daughter Ms. Prema Kumari. On interrogation, the alleged missing girl revealed that she loved one Lazaras and decided to marry him after attaining majority and the same was accepted by the elders. After completion of investigation, the police filed a final report before the Additional Judicial Magistrate of First Class, Nandyal, on 07-04-2008, referring the case as ‘Action Dropped’ and the same was accepted by the learned Magistrate. 4. In view of the categorical statement made by the first respondent that the alleged missing girl was traced, the question of detaining her wrongfully does not arise. 5. For the foregoing, there are no merits in the writ petition and the same is liable to be dismissed. 6. Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 07-07-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Nandyal Police Station, Kurnool District. 2 The Superintendent of Police, Kurnool District at Kurnool. 3 The Principal Secretary to Government, Home Department, Government of A.P., Secretariat, Hyderabad. 4. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 5. 2 CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.12906 of 2008 07-07-2008 (Msr)