Mangina Venkateswari, v. State Of Andhra Pradesh

HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND HON'BLE SRI JUSTICE U. DURGA PRASAD RAO WRIT PETITION No.7676 of 2017 ORDER: (Per SKK, J) Vide the present petition, petitioner seeks direction, thereby directing the respondents to produce Sri Tirupati Narayana Rao, S/o.Venkata Rao, father of the petitioner before this Court. Pursuant to the order dated 06.03.2017, 4th respondent has filed counter-affidavit, wherein it is stated the father of the petitioner is absconding in Cr.No.11 of 2017 registered at Police Station, Attili, for the offences punishable under Sections 341, 283, 290, 506 IPC, Section 122 of the Motor Vehicles Act, 1988, however, it is clearly stated that that the father of the petitioner has not been detained by them.

The allegations against the respondents in the present petition are that, on 29.01.2017, at about 12.45 hrs., all of a sudden, Sub-Inspector of Police of the above-mentioned Police Station, i.e. the 4th respondent herein, had highhandedly come to TNR Lodge belonging to the father of the petitioner along with his driver on the pretext of conducting some search; he manhandled the father of the petitioner and used filthy language against the petitioner and since then, father of the petitioner is in illegal custody. In paragraph 8 of the counter-affidavit, it is specifically denied that respondents visited the lodge mentioned above on the pretext of conducting some search and had manhandled either the petitioner or

SKK, J & UDPR, J W.P.No.7676 of 2017 her father. In the rejoinder filed to the counter-affidavit, petitioner reiterated the averments made in the affidavit filed in support of the writ petition.

There are bald statements of both sides in the present petition, which is a habeas corpus petition. When the 4th respondent has specifically denied the allegations made in the petition, until and unless some proof contrary to the same is produced, this court has no other mechanism to find out what is the truth in the matter. In view of the above, we close the present petition. Since the criminal case as noted above is registered against the father of the petitioner, it is the duty of the Police to investigate the matter and file charge sheet accordingly.

Miscellaneous petitions if any pending in the writ petition stand closed.

_______________________ SURESH KUMAR KAIT, J _________________________ U. DURGA PRASAD RAO, J April 4, 2017 MRR