WP/24742/2003 of Thumu Sunil Kumar, Vs The Station House Officer, on 18 December 2003

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESHAT HYDERABAD

(SPECIAL ORIGINAL JURISDICTION)

TUESDAY THE TWENTY FIFTH DAY OF NOVEMBER, TWO THOUSAND ANDTHREE

: PRESENT :THE HONOURABLE MR.JUSTICE: V.V.S. RAOW.P. No. 24742 of 2003

Between:

1. Thumu Sunil Kumar

2.T. Lavanya …Petitioners

AND

1. The Station House Officer, Avanigadda Police Station, Krishna District.

2. Yasam Srinivasa Rao S/o. Subba Rao, aged 35 years, R/o. III Ward, Avanigadda, Krishna District.

Respondents

Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein, the High Court will be pleased toissue an appropriate Writ, order or direction more particularly one in the nature ofWrit of Mandamus declaring the action of the respondent in trying to forciblyseparate the Petitioners and handover the custody of the second petitioner to thesecond respondent as illegal, void and contrary to law.

The petition coming on for hearing, upon perusing the petition and theaffidavit filed in support thereof and upon hearing the arguments of Mr. A.Ramanarayana,Advocate for Petitioners, and of the Govt. Pleader for Home onbehalf of Respondent No.1, and the Court made the following ORDER:

After perusing the affidavit accompanying the writ petition, this courtis convinced that first petitioner and all those concerned who performedmarriages of petitioners 1 and 2 at Tirupati have committed cognizableoffence Under Section 3, 4 and 5 read with Section 7 of the Child MarriageRestraint Act, 1929. Therefore, Superintendent of Police, Machilipatnam,Krishna District, is directed to register a case immediately, arrest petitioners 1and 2, and produce before this Court on 28-11-2003. A direction shall alsoissue to first respondent to request second respondent, who is father ofsecond petitioner minor girl to be present in Court on 28-11-2003.

Post on 28-11-2003.

ASSISTANT REGISTRAR

// TRUE COPY //

for ASSISTANT REGISTRAR

To

1. The Superintendent of Police, Machilipatnam, Krishna District.

(By Speed Post with a direction to register a case immediately and arrest petitioners 1 and 2 and produce before this Court on 28-11-2003

on or before 10 :30 AM)

2. The Station House Officer, Avanigadda Police Station, Krishna District.

3. Yasam Srinivasa Rao S/o. Subba Rao,

R/o. III Ward, Avanigadda, Krishna District.

(Addressees 2 to 3 by R.P.A.D)

4. Two CCs to the Govt. Pleader for Home, High Court of A.P, Hyd(OUT)

5. One Spare copy.

TKK

HIGH COURT

VVSR.J

DT.25-11-2003