N Parvathi v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD W.P.No.7469 of 2018 Between:

N.Parvathi W/o.Satyanarayana, Aged 43 years, Occ: Dhobi, R/o.2-2-8, Hanuman Nagar Colony, Manikonda, Rangareddy district-500084 ...

Petitioner And The State of Andhra Pradesh, through the Principal Secretary, Department of Home, Government of Andhra Pradesh and 4 others ...

Respondents Counsel for the Petitioner :

Mr.Padma Rao Lakkaraju Counsel for the Respondents:

A.G.P. attached to A.G.(AP) for respondents No.1 to 3 The Court made the following:

Order: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This writ petition pertains to a stale grievance. Even on the petitioner's own saying, her daughter was allegedly kidnapped by respondent No.4, as far back as the year 2003. When her daughter was allegedly seen in the company of respondent No.4 on 12.03.2014, a criminal complaint was made to the police at Gangavathi, Karnataka, the criminal case is stated to be pending and respondent No.4, the accused, is stated to have been released on bail. 2.

The cause of action for the present writ petition, as pleaded by the petitioner is that, in the last month, she received a call from her daughter that though she is interested to come back to her, she is not being allowed to join her. The details of the said phone call, such as, the date on which the call was made, the telephone number from which the call was made, etc., have not been given in the affidavit. It is not the pleaded case of the petitioner that on receiving the call from her daughter, she has approached the police concerned and given a report. In our opinion, the petitioner cannot seek the relief of habeas corpus for producing her daughter, who is stated to be in the custody of respondent No.4 from the year 2003. If the petitioner has any grievance against respondent No.4, for allegedly restraining her daughter from joining her company, she is entitled to give a police

report to respondent No.3 and also avail other appropriate legal remedies available to her.

3.

Subject to this liberty given to the petitioner, the writ petition is dismissed.

___________________________________ (C.V.Nagarjuna Reddy, J) _____________________ (Gudiseva Shyam Prasad,J) Date: 07th March, 2018 msb