THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO. 9964 OF 2010 Dated 28th April, 2010 Between: Balamoni Salamma …Petitioner And The Station House Officer and another …Respondents Counsel for the petitioner : Sri K.Srinivas Counsel for the respondents: AGP for Home The Court made the following ORDER: This writ petition is filed for a Mandamus to direct respondent No.2 to handover custody of the petitioner to Smt Balamani Ramulamma, W/o Late Mallaiah. A perusal of the averments contained in the affidavit shows that the petitioner, who is stated to be 17 years of age, claimed to have married a person by name Mula Anjaiah, S/o Chennaiah against the wishes of her parents. On the complaint given by the parents of the petitioner, the police registered Crime No.43 of 2009 against the said Mula Anjaiah under Section 366-A IPC. The petitioner was traced by the police and her statement was recorded. When the petitioner was produced before the Judicial Magistrate of First Class, Kalwakurthy on 19.05.2009, she was handed over to her parents. On 06.03.2010, the petitioner approached the police stating that her parents are harassing her as she married against their wishes. Then she was produced before the Judicial Magistrate of First Class, Kalwakurthy, who passed order dated 06.03.2010 directing the petitioner to be handed over to the safe custody of the State Home, Mahabubnagar, until further orders. The deponent of the affidavit, who claims to represent the minor petitioner, says that she is the wife of the paternal uncle of the petitioner and that as the parents of the petitioner are not taking care of her, the interests of the petitioner will be properly served if her custody is given to the deponent. In my opinion, the petitioner availed a wrong remedy by straightaway approaching this Court invoking its extraordinary jurisdiction. On the admitted facts of the case, criminal proceedings are pending before the Judicial Magistrate of First Class, Kalwakurthy vide PRC No.83 of 2009 and in pursuance of the order passed by the learned Magistrate, the petitioner’s custody was handed over to the State Home at Mahabubnagar. If Smt Ramulamma is interested in obtaining petitioner’s custody, she is entitled to file an appropriate application before the learned Magistrate, who after considering the welfare of the minor girl is expected to pass an appropriate order upon such application. In this view of the matter, the writ petition is disposed of with liberty to the petitioner to approach the learned Judicial Magistrate of First Class, Kalwakurthy. As a sequel to disposal of main petition, WPMP No.12811 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 28th April, 2010 vrn Note: Issue C.C in one week.