IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 18157 of 2014 Date: 02.07.2014 Between:
Gudipudi Laxmi … Petitioner And Station House Officer, I Town Police Station, Eluru, West Godavari District & others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No. 18157 of 2014
ORDER: (Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) This writ petition has been filed for issuance of writ of Habeas Corpus directing the respondents to produce the petitioner’s daughter, namely; Gudupudi Vijaya before this Court and set her free.
It is not the case of detention by the police. It is the case that in spite of lodging a missing case, the police is inactive.
Learned counsel for the petitioner says that in the aforesaid facts and circumstances of the case, this Court shall issue writ of Habeas Corpus for production of the alleged detenue and for handing over her to the petitioner.
Admittedly, initial information has been received by the police and lodged first information report under Sections 448, 363 and 342 IPC read with Section 34 IPC on 22.04.2014. This Court cannot exercise Habeas Corpus jurisdiction to activate the police. The inaction of the police has to be dealt with by the appropriate forum with appropriate proceedings. We are unable to accept the contention of the learned counsel that we should activate the police.
The writ petition is dismissed on that ground alone. However, liberty is given to the petitioner to approach appropriate forum for redressal of her grievance. Miscellaneous petitions, if any, pending in this writ petition shall stand dismissed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J
Date: 02.07.2014 ES/CBS