Telangana High Court
WP/24721/2006 of Sajida Sultan W/o Shaik Salam Vs The Station House Officer, I Town Police Station, on 26 December 2006
SRI JUSTICLE J. CHELAMESWAR AND THE HONOURABLE SRI JUSTICE D. APPA RAO W.P. NO.24721 of 2006 Dated: 26-12-2006 Between:- Sajeeda Sultana, … PETITIONER. And The Station House Officer, I-Town Police Station, Vijayawada and others. … RESPONDENTS THE HONOURABLE SRI JUSTICLE J.
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THE HONOURABLE SRI JUSTICLE J. CHELAMESWARAND
THE HONOURABLE SRI JUSTICE D. APPA RAO
W.P. NO.24721 of 2006
Dated: 26-12-2006
Between:-Sajeeda Sultana,
…
PETITIONER.
And
The Station House Officer, I-Town Police Station,Vijayawada and others.
RESPONDENTS
…
THE HONOURABLE SRI JUSTICLE J. CHELAMESWARANDTHE HONOURABLE SRI JUSTICE D. APPA RAOW.P. NO. 24721 of 2006
O R D E R (per Hon’ble Sri Justice D. Appa Rao)
This is a taken-up matter upon a ‘Fax message’ received on23.11.2006, issued by Smt. Shaik Sajeeda Sultana alleging that herminor daughter Salma Sultana was kidnapped by Shaik MahaboobSubhani with the assistance of the parents and others, in order tomarry her. Though on a complaint I-Town Police Station, Vijayawadaregistered a case in Cr.No.634 of 2006, they did not arrest any of theaccused. Instead, the police detained her daughter illegally andthreatening her and her husband to withdraw the matter.
2) The 1[st] respondent filed counter inter alia denying variousfacts mentioned in the message. In fact on a report lodged by thehusband of the petitioner Shaik Salam alleging that his daughterSalma Sultana was found missing, a case in Cr.No.567 of 2006 underthe head of ‘girl missing’ was registered. The matter was investigatedinto. When Salma Sultana her daughter was examined, she statedthat she fell in love with Shaik Mahaboob Subhani and that her parentswere not willing for their marriage and on that both of them left toKakani village and were residing separately and gave her date of birthas 25.12.1990, the investigating officer altered the Section of Law toone under Section 366-A IPC and took up investigation. He arrestedShaik Mahaboob Subhani on 13.11.2006 and sent him into judicial custody. Later he was released on bail by the Sessions Judge, MahilaCourt, Vijayawada on 30.11.2006. During the course of investigation arequisition was given to the learned I-Additional Chief MetropolitanMagistrate, Vijayawada to record her statement under Section 164Cr.P.C. Since the victim girl has refused to go to her parents’ houseout of fear that her stepmother might harass her and on that the Courtordered the victim girl to be kept with the Project Director, Woman andChild Welfare Department, Vijayawada till she attained majority. Theinvestigating officer assured that he would complete investigationexpeditiously. The apprehension of the petitioner that they wereharassing has no basis.
3) Since the alleged detenu is in lawful custody of the ProjectDirector, Woman and Child Welfare Department, Vijayawada,pursuant to the orders of a court, we do not subscribe to the view thatthe detenu is in illegal custody of the police.
4) In the circumstances, the Writ Petition is dismissed. No costs.
__________________
CHELAMESWAR,J
J.
_______________
RAO,J_____December 2006.BCS
D. APPA