V Suryanarayana v. Shaik Karimullah
THE HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND THE HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION No.12645 OF 2017 ORDER: (ORAL) (Per Hon'ble Sri Justice SURESH KUMAR KAIT) Vide the present petition, the petitioner seeks direction thereby directing the respondents to produce Shaik Sharmila @ Avantika, D/o Shaik Karimullah, aged about 21 years, before this Court and thereafter set her free.
2. Vide order dated 10.04.2017, this Court directed the second respondent to ensure the presence of first respondent and his daughter namely Sharmila @ Avantika, before this Court on the next date of hearing. Thereafter, this petition was taken up for hearing on 17.04.2017. On the said date, the learned Assistant Government Pleader appearing on behalf of the second respondent submitted that the police had tried their level best to trace out the first respondent and his daughter, named above. However, their whereabouts are not known and sought further time to comply the order dated 10.04.2017, accordingly at his request, the matter was directed to be listed on 26.04.2017.
3. Today, when the matter is taken up, the learned Government Pleader submits that till date the whereabouts of first respondent and his daughter namely Sharmila @ Avantika are not known. Therefore, he assured this Court that as and when the whereabouts of them have come to their knowledge, they shall convey the same to the petitioner.
4. We hereby direct the second respondent to trace out the first respondent and his daughter and if they receive any information regarding whereabouts of the persons, named above, the same shall be conveyed to the petitioner.
5. As stated by the learned counsel for the petitioner the police are in collusion with the first respondent. The same is opposed by the learned counsel for the respondent. However, in the interest of justice, we direct the Secretary, District Legal Services Authority, YSR Kadapa District, to go to the place of the first respondent, and if they are available, the said Secretary shall intimate the same to the petitioner as well as to the police station concerned. On receipt of any information from the Secretary mentioned above or from other sources, the respondent police is directed to act upon accordingly.
6. With the above direction, this Writ Petition is closed. There shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed. ___________________________________ JUSTICE SURESH KUMAR KAIT.
___________________________________ JUSTICE GUDISEVA SHYAM PRASAD.
Date :26-04-2017 Gvl