Smt. Ankallu v. The Station House Officer,

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE M.S.K.JAISWAL W.P.No. 45938 OF 2016 DATED 06TH JANUARY, 2017 Between:

Smt. Ankallu ...

Petitioner AND The Station House Officer, Vedulapalli P.S., Vedulapalli Village, Bapatla Mandal, Guntur District, and others ...

Respondents Counsel for the petitioner :

Smt. S.V.Indira Counsel for respondent Nos. 1 to 5 :

A.G.P. for Home (A.P.) Counsel for respondent No. 6 :

-- THIS COURT MADE THE FOLLOWING

ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed by the mother of two minor children, namely;

(1) Master Narasimha and (2) Ms. Bhavani, for issue of Habeas Corpus directing the police to initiate criminal action under Sections 361 and 363 of the Indian Penal Code against respondent No. 6.

2.

The petitioner alleged that for the non-payment of alleged debt by her, respondent No. 6 has forcibly taken away her two minor children and been illegally keeping them in his custody.

3.

In pursuance of the direction issued by this Court on 03-01-2017, respondent Nos. 1 and 2 are personally present and they have also produced the two minor children. Their aunt by name Badramma, who is stated to be in custody of the two minor children, is also personally present. Learned counsel for the petitioner alleged that respondent No. 1 is a close relative of respondent No. 6 and hence, he failed to take any action on the complaint of the petitioner. While respondent No. 1 has denied the relationship with respondent No. 6, respondent No. 2 stated that as per his information, respondent No. 6 is a distant relative of respondent No. 1. 4.

In view of the serious allegations made against respondent No. 6, respondent No. 2 is directed not to entrust any complaint that may be given in future either by the petitioner or anybody interested in the two minor children to respondent No. 1 and instead, respondent No. 2 himself must personally deal with such complaint. Respondent No. 2 is also directed to ensure that respondent No. 6 will not interfere with the life and personal liberty of the two minor children and also their family members. If any such attempt is made by respondent No. 6, respondent No. 2 shall take action as per law. As the two minor children are in the custody of the said Badramma, no direction with regard to their custody needs to be issued.

5.

Subject to the above observations and directions, the Writ Petition is disposed of.

________________________ C.V.NAGARJUNA REDDY, J.

________________ M.S.K.JAISWAL, J.

Date: 06-01-2017 JSK

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE M.S.K.JAISWAL W.P.No. 45938 OF 2016 (Order of the Division Bench delivered by Hon'ble Sri Justice C.V.Nagarjuna Reddy) DATED 06TH JANUARY, 2017 JSK