Smt. Pichani Rajeswari, v. The State Of Andhra Pradesh, Rep., By Its Principal Secretar

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.33982 OF 2015 ORDER:

The grievance of the petitioner was that the police authorities were not tracing out her missing husband despite registering a kidnap case under Section 363 I.P.C. in Crime No.293 of 2015 on the file of Tadepalli Police Station, Guntur Urban District. The learned Assistant Government Pleader for Home, relying on the written instructions dated 03.11.2015, furnished by the Sub-Inspector of Police, Tadepalli Police Station, Guntur Urban District, stated that the petitioner's husband voluntarily came to the police station and gave a statement that he was not kidnapped by anyone. He was stated to have informed the police that he went to Vijayawada with the accused in Crime No.293 of 2015 on 16.09.2015 and returned to his house at Guntur but, as he noticed that his wife and children had gone elsewhere, he stayed with his friends due to fear of borrowers.

Sri G. Sudheer, learned counsel for the petitioner, would however contend that the afore-stated statement is factually incorrect and that the petitioner's husband was kidnapped by the accused and denied the statement to the contrary made by the Sub-Inspector of Police, Tadepalli Police Station, Guntur Urban District. He would further state that any acceptance by this Court of the statement by the police authorities would shut out further remedies available to the petitioner. In that view of the matter, as the petitioner's husband is stated to have returned, this Court does not deem it necessary to adjudicate this writ petition on merits. It shall be open to the petitioner to take recourse to appropriate remedies in accordance with law in the event any grievance still persists. The writ petition is closed with the above observation. Pending miscellaneous petitions shall also stand closed. No order as to costs. ____________________

JUSTICE SANJAY KUMAR 7th November, 2015 IBL