IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT :PRESENT: THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No. 5795 of 2008 Between: Dontireddy Vijaya, W/o K. Srinivas Reddy, R/o H. No. 3-152, Ankireddipalem, Guntur Rural Mandal,Guntur District and presently Residing at Ameerpet, Hyderabad. Petitioner AND 1. The Superintendent of Police, Guntur District, Guntur. 2. The Circle Inspector of Police, Mangalagiri, Guntur District 3. The Station House Officer, Tadepalli Police Station, Guntur. 4. Kotha Srinivasa Reddy, S/o Anji Reddy, Ankireddypalem Village, Guntur Rural Mandal, Guntur, District, Presently at D4950, Steven Son-BL VD, APT No.8, Fremont, CA. 94538. Respondents 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 Order, Direction or Writ more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not initiating steps for seizure of Pass Port bearing No. B 5812785 belonging to the Respondent No.4 to ensure his presence before the Additional Junior Civil Judge, Mangalagiri, Guntur District, in connection with Crime No. 157 of 2007 for the offence under Section 498-A IPC, Pursuant to the representation dated 1st March, 2008, submitted on 3rd March, 2008, as illegal, arbitrary, contrary to the procedure prescribed under the provisions of the Code of Criminal Procedure and violative of Fundamental rights guaranteed under the Constitution of India besides fair play and action and consequently direct the Respondents to seize the Passport No. B 5812785 pertaining to the 4th Respondent to ensure the presence before the trial court trial Court till such time the trial is concluded and pass such other order or orders as the Hon'ble Court deems fit and proper in the circumstances of the case and in the interest of justice. The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and upon hearing the arguments of Sri. C. Malla Reddy for Sri. G. Anandam, Advocate for the Petitioner and of the G.P. for Home for the Respondents No.1 to 3, the Court made the following ORDER: “Since Sri. C. Malla Reddy, learned Senior Counsel, submitted that the petitioner seriously apprehends that respondent No.4 will leave the country on 22-03-2008, I deem it appropriate to hear this case on 19-03-2008. 2 Post on 19-3-2008. The petitioner is permitted to serve notice on respondent No.4 and the Station House Officer, Tadepalli Police Station, Guntur, is directed to render all possible assistance to the petitioner in serving notice on the respondent No.4.”t ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Superintendent of Police, Guntur District, Guntur.(BY RPAD) 2. The Circle Inspector of Police, Mangalagiri, Guntur District(BY RPAD) 3. The Station House Officer, Tadepalli Police Station, Guntur. (BY SPEED POST/RPAD) 4. Kotha Srinivasa Reddy, S/o Anji Reddy, Ankireddypalem Village, Guntur Rural Mandal, Guntur, District, Presently at D4950, Steven Son-BL VD, APT No.8, Fremont, CA. 94538. (BY AIR MAIL) 5. Two CCs to G.P. for Home, High Court of A.P., Hyderabad (BY SPL.MESSENGER) 6. Dontireddy Vijaya, W/o K. Srinivas Reddy, R/o H. No. 3-152, Ankireddipalem, Guntur Rural Mandal,Guntur District and presently Residing at Ameerpet, Hyderabad. 7. One CC to Sri. G. Anandam, Advocate, High Court of A.P., Hyderabad(BY SPL.MESSENGER) 8. One Spare copy KK HIGH COURT CVNRJ DT. 18-03-2008 NOTE: POST ON 19-3-2008 ORDER W.P.NO.5795 OF 2008 DIRECTION Drafted by: KK Drafted on: 18-3-2008 HIGH COURT CVNRJ DT. 18-03-2008 NOTE: POST ON 19-3-2008 ORDER W.P.NO.5795 OF 2008 DIRECTION