IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.29280 of 2014 BETWEEN Bamb Sagar Mal Jain AND ... PETITIONER The Principal Secretary for Home, Secretariat, Hyderabad and others.
...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. This writ petition is filed questioning inaction of the police in investigating the crime registered in F.I.R.No.172 of 2014, dated 16.06.2014, and F.I.R.No.230 of 2014 dated 01.08.2014. Petitioner states that his daughter viz., Suman Jain, already lodged a complaint against one Ghalib alleging that he is harassing her and forcing her into an unwilling marriage and the said complaint was registered as Crime No.172 of 2014. It is further stated that on 31.07.2014 when the daughter of the petitioner left for work in the cab of the company, where she is working, thereafter she disappeared and there were no news of her. Thereby, petitioner lodged another complaint in F.I.R.No.230 of 2014 complaining of missing of his daughter. Alleging that no action is taken by the police, the present writ petition is filed.
3. On 21.10.2014, when this writ petition was heard, learned Government Pleader, on instructions, stated that the said girl was living with one Ghalib Saif Ali and claims to have married him and when the petitioner’s counsel expressed serious danger to the life and limb of the daughter of the petitioner, this court passed an order directing the Commissioner of Police to depute a responsible officer to examine both the F.I.Rs, referred to above, and make appropriate enquiries including the recording of the statement of the daughter of the petitioner by name Smt.Suman Jain. A report, accordingly, was filed before this court on 31.10.2014, wherein the statement of the said lady was recorded by the Assistant Commissioner of Police, Falaknuma, Hyderbad. However, after recording of the statement of the said lady, the Assistant Commissioner of Police has received a message that a missing complaint is filed regarding the said lady, which was registered as crime No.383 of 2014, by Chatrinaka Police Station. Hence, the learned Government Pleader was asked to get instructions regarding the progress made by the police with regard to the said crime.
4. Today learned Government pleader has filed before this court, the proceedings of the Commissioner of Police deputing an officer to record her statement and file a report. A report also has been filed by the Assistant Commissioner of Police, who was deputed by the Commissioner, wherein the said Smt.Suman Jain has given a statement before the said officer that she has since returned to her parents house and residing with her parents. She made some allegations against the said Ghalib Saif Ali as well. It appears from the statement of Smt.Suman Jain that though she accepted that she married the said Ghalib Saif Ali, she seems to have left his house and went by train to Jalna Jain Mandir/Ahsram and stayed there in a temple and then after one week returned to Secunderbad and contacted her parents. She along with her parents stated to have appeared before the Commissioner of Police and given a letter in writing dated 07.11.2014 that she had left the company of Ghalib Saif Ali on her own accord; that she intends to stay with her parents; and requested to close the F.I.R. viz., crime No.383 of 2014, which was registered on the complaint of said Galib Saif Ali. On the basis of that letter, the Commissioner of Police had directed the Assistant Commissioner of Police, to record her statement, which is recorded, as mentioned above.
5. Since the said lady is now in the custody of her parents, it is not necessary to pursue the writ petition further and no further orders are required to be passed in this writ petition.
Writ petition is, accordingly, disposed of with a direction to the police to take appropriate steps for closer of F.I.Rs, mentioned above, in view of the fact that Smt.Suman Jain is in the custody of her parents, as nothing further survives for investigation in those F.I.Rs. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J November 19, 2014 LMV