THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 1971 of 2009 Oral order: Petitioner No. 1 and petitioner No. 2 state that they belong to two different castes, and they having fell in love with each other, got married on 22.0.2009 at Sri Varaha Laxmi Narasimhavari Devasthanam, Simhachalam, Visakhapatnam, against the wishes of the parents of petitioner No.2, namely respondent Nos. 5 and 6 herein. While so, it is the case of the petitioners that without there being any case registered against them, respondent Nos. 1 to 4 at the instance of respondent Nos. 5 and 6 are harassing the parents of petitioner No.1, their family members as also his friends and threatening them with dire consequences, detaining them in the police station so as to ascertain the whereabouts of the petitioners, which action the petitioners contend is illegal and arbitrary. On behalf of respondent Nos. 1 to 4, respondent No.3, namely the Sub Inspector of Police, Paloncha Town Police Station, Khammam District, filed counter denying the allegations made by the petitioners in the affidavit filed in support of the writ petition. He denied that the police, much less, respondent Nos. 1 to 4 harassed the parents of petitioner No.1, his family members and friends. It is submitted that respondent Nos. 5 and 6, lodged a complaint of kidnapping of their daughter, namely petitioner No.2, by petitioner Nos. 1 and others, and based on the said complaint, a crime in Cr. No. 22 of 2009 on the file of Station House Officer, Paloncha Town Police Station, was registered under Section 366 IPC on 26.01.2009, and in the said crime, petitioner No.1 is shown as accused No.1. While the investigation is in progress, the petitioners sent xerox copies of the certificate of their marriage. Now that the petitioners claim that they got married to each other, and having regard to the fact that a case of kidnapping has been registered against petitioner No.1, if the petitioners surrender, they would be produced before the Magistrate concerned, and after recording the statement of petitioner No.2 under Section 164 Cr.P.C., they would take further action. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Home for respondent Nos. 1 to 4. Though the petitioners state that they belong to two different castes and got married to each other against the wishes of respondent Nos. 5 and 6, namely the parents of the petitioner No.2, the fact remains, based on the complaint lodged by respondent Nos. 5 and 6, stating that their daughter, namely petitioner No.2, was kidnapped, respondent No. 3 registered a crime in Crime No.22 of 1999 against petitioner No.1 and other, for the offence punishable under Section 366 IPC, and in the said crime, petitioner No.1 is said to be shown as accused No.1. The investigation of the said crime is still pending. Since a case of kidnapping of petitioner No.2 has been registered against petitioner No.1, and since it is the case of the petitioners, that they fell in love with each other and got married, the only course open to them is to appear before the Magistrate concerned, and get the statement of petitioner No.2 recorded under the provisions of Section 164 Cr.P.C., and upon considering the said statement, the Magistrate concerned, would pass appropriate orders, in accordance with law. With the observations, as above, the writ petition is closed. No costs. ________________ N.V. RAMANA, J. Dated: 12th February, 2009 KSR