IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 22207 of 2007 Between: K. Narsinga Rao, S/o.Kondaiah, R/O. H.No. 1-49/2/1/A, Shankar Nagar, Chandanagar, Ranga Reddy District. ..... PETITIONER AND 1 Subesh, S/o. Surender, Permanent Resident of Subeth Bhavan, Kudiyanill Post (690531), Vadakarin Kovil, Thayingalam, Aleppi District, Kerala State. 2 Inspector of Police, P.S. Chandanagar, Cyberabad. 3 The Commissioner of Police, Cyberabad, Lakdikapool, Hyderabad. 4 Director General and Inspector General Of Policed, Lakdikapool, Hyderabad. 5 The Government of the State of Andhra Pradesh, Rep. by its Secretary Department of Home Secretariat, Hyderabad. .....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 to issue a Writ or Order or Direction more particularly one in the nature of Writ of Habeus Corpus directing the Respondents 2 to 5 to forth with produce the abducted minor girl Kumari Sree Latha in this Hon'ble Court of A.P., and restore her to her parents and pass such other or further order or orders as this HOn'ble Court may deem fit and proper inthe circumstances of the case and in the interest of justice, else heavy loss and prejudice which has already been caused may be continued to the detriment of the Petitioner. Counsel for the Petitioner: MR.SREENATH KONDAPALLY Counsel for the Respondents: THE ADVOCATE GENERAL The Court at the stage of admission made the following : ORDER: (per Sri A. Gopal Reddy, J) The father of the minor girl viz., Kumari Srilatha filed this writ of habeas corpus for production of his daughter alleging that the 1st respondent with a mala fide intention to marry his daughter abducted her without their knowledge and consent. It is stated in the affidavit filed in support of the writ petition that on the complaint made by the petitioner, the police registered a case in Crime No. 261 of 207 under the head ‘woman missing’ on 15-08- 2007 and took up investigation. During the course of investigation, the 2nd respondent and his subordinates noticed that the alleged detenue is in illegal custody of the 1st respondent at his native place i.e., Kayankulam, Aleppi District, Kerala State, but failed to apprehend the accused and handover the minor girl to her parents. Therefore, the official respondents may be directed to produce the minor girl (the alleged detenue) forthwith. The 2nd respondent filed a counter affidavit stating that on registration of the crime, during the course of investigation on receipt of reliable information that the alleged detenue is in Kandllor Village, Puthiyavilamuni, Alappuzha District, Kerala State, the Sub-Inspector of Police along with the relatives of the petitioner went there and tried to bring back the alleged detenue by convincing her, but she refused to join him informing that she had married the suspect boy and that he informed the same to the petitioner and on the request of the petitioner, he deputed two police constables to go to that place. When the police constables visited there, they could not find the missing girl and the suspect and on enquiry with the parents of the suspect, it has come to light that the missing girl and the suspect left their house three days ago and their whereabouts are not known. On further receipt of information, he once again deputed A.S.I of Police to visit Kerala along with the petitioner who left Hyderabad on 5-9-2007 and found the house of the suspect locked and when they enquired with the local people, it was informed that the parents of the suspect left the house without informing anybody and their whereabouts are not known. In spite of all possible efforts, they could not trace out the whereabouts of the missing girl and as and when she is traced, she will be produced before the appropriate Court. The petitioner produced certain bills of Citi Hotel, Kayakulam, Alleppey where the constables who were deputed stayed and stated that certain bills are not paid. He contends that the police are not making any efforts to trace out his daughter except staying in the hotel at his cost. In the additional counter affidavit filed by the 2nd respondent, it is stated that the petitioner failed to furnish the address except stating that the alleged detenue and the suspect are in the custody of an advocate in the State of Kerala. It is stated that he i.e., T. Amarkanth Reddy, Inspector of Police took charge on 11-1-2008, took up investigation and deputed two constables to visit Kerala on 18-1- 2008 and 15-2-2008, but could not get any information with regard to the alleged detenue, the suspect and his parents and the investigation so far done reveals that the petitioner was aware that the alleged detenue was interested in the suspect and she voluntarily left and married him and that the petitioner along with his relatives initially went to Kerala to bring his daughter back by convincing her, but his efforts turned futile and that all efforts are being made to trace out the alleged detenue. In view of the above averments made by the Inspector of Police that they are taking all possible steps to trace the whereabouts of the alleged detenue on registering the crime, they are directed to continue the efforts and on completion of the investigation on tracing the missing girl, shall file appropriate report before the competent Court having jurisdiction over the area with due intimation to the petitioner. With the above directions, the writ petition is disposed of. A.GOPAL REDDY, J B.SESHASAYANA REDDY, J 17-03-2008 ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Subesh, S/o. Surender, Permanent Resident of Subeth Bhavan, Kudiyanill Post (690531), Vadakarin Kovil, Thayingalam, Aleppi District, Kerala State. 2 Inspector of Police, P.S. Chandanagar, Cyberabad. 3 The Commissioner of Police, Cyberabad, Lakdikapool, Hyderabad. 4 Director General and Inspector General Of Policed, Lakdikapool, Hyderabad. 5 The Secretary, Government of the State of Andhra Pradesh, Department of Home Secretariat, Hyderabad. 5 2 CCs to the Advocate General, High Court of Andhra Pradesh, Hyderabad (OUT). 6 2 CD copies