IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 27299 of 2007 Between: Summayya (previous name E.Jayashree) D/o E.Balu, Vikas Degree College, R/o H.No.10-5-7/1, Masab Tank, Hyderabad. ..... PETITIONER AND 1 The Commissioner, Cyberabad Commissionerate Office at Lakdikapool, Hyderabad. 2 The Station House officer, Sanathnagar Police Station, R.R.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 a writ order or direction more particularly one in the nature of writ of mandamus, declaring the action of the respondent No.2 herein in not closing the Cr.No.375/2007 as illegal, and arbitrary and consequently direct the respondents herein to forthwith close the Cr.No.375/2007 pending on the file of the 2nd respondent, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner: None appeared Counsel for Respondents: Assistant Government Pleader for Home The Court at the stage of admission made the following : ORDER: This writ petition is filed for a writ of mandamus to declare the action of respondent No.2 in not closing Crime No.375 of 2007 as illegal and arbitrary. In her affidavit, the petitioner stated that she was inspired by the Muslim religion and accordingly, she embraced Islam on 14-08- 2007 out of her free will and own accord by changing her name as Summayya, that her parents who intended to perform her marriage forcibly are threatening her to accede to their demands and that in view of the same, she left her parents house and took shelter in a friend’s house by informing the same to her parents. She further averred that on the complaint given by her parents, respondent No.2 registered Crime No. 375 of 2007 as ‘woman missing’. The grievance of the petitioner is that though the said complaint is false, respondent No.2 is not closing the same. At the hearing, there is no representation for the petitioner. Learned Assistant Government Pleader for Home stated that the appropriate course for the petitioner is to approach the jurisdictional Magistrate under Section 164 Cr.P.C and make a confessional statement on the basis of which, respondent No.2 will close the case. Accepting the contention of the learned Assistant Government Pleader, the writ petition is closed with liberty to the petitioner to avail the remedy under Section 164 Cr.P.C. As a sequel to closure of the writ petition, WPMP Nos. 35706 and 36797 of 2007 filed by the petitioner are disposed of as infructuous. C.V.NAGARJUNA REDDY,J Dated: 24-04-2008 ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner, Cyberabad Commissionerate Office at Lakdikapool, Hyderabad. 2 The Station House officer, Sanathnagar Police Station, R.R.District. 3 2CCs to the Assistant Government Pleader for Home, Hyderabad (OUT) 4 2CD copies