Kondepudi Srinivasa Rao, v. The State Of Telangana (Home Dept),

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.39449 OF 2016 ORDER:

The present writ petition is filed by the petitioner seeking for release of his daughter who is detained in Prajwala Rescue Home, Tukkuguda, R.R.District, since 19-10-2016.

The said girl is detained in view of the case registered by the Banjarahills Police, Hyderabad. The petitioner herein filed an application before the concerned Court for the custody of his daughter and on which, the Court ordered for Report from the competent authority. The Report also received by the III Additional Chief Metropolitan Magistrate at Hyderabad, which discloses that the girl can be given to the custody of the petitioner herein after conducting detailed enquiry as contemplated under the Act. Even after the said letter forwarded by the authorities to the III Additional Chief Metropolitan Magistrate at Hyderabad on 29-10-2016, till date no order is passed by the learned Magistrate.

The reason for not passing any order on the basis of the Report received by the III Additional Chief Metropolitan Magistrate at Hyderabad, is due to the fact that the III Additional Chief Metropolitan Magistrate at Hyderabad is not holding the Office and the II Additional Chief Metropolitan Magistrate at Hyderabad is now in-charge of the said III Additional Chief Metropolitan Magistrate at Hyderabad.

Considering the facts and circumstances and also the Report received from the District Probation Officer, the learned II Additional Chief

Metropolitan Magistrate at Hyderabad is hereby directed to pass appropriate orders by recording the statement of the victim girl Kondepudi Jyothsna Devi within a period of one week from the date of receipt of a copy of the order.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 16.11.2016 skmr