Held that a habeas corpus petition filed under Article 226 is not maintainable as a criminal case alleging kidnapping of the petitioner's daughter has already been registered with the police station, and the matter requires investigation.
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HON’BLE THE ACTING CHIEF JUSTICE DILIP B.BHOSALE AND HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.12943 of 2016
Date: 19.4.2016
Between: Smt Kolenti Devi W/o Sreerama Murthy R/o Block -12, FF-8, Vambe colony, Gajuwaka, Visakapatnam
…petitioner and The State of A P Rep by Director General of Police, Hyderabad and others
…..Respondents
The Court made the following: HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND
HON’BLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION No.12943 of 2016
PC: (Per the Hon’ble the Acting Chief Justice Dilip B.Bhosale)
Heard learned counsel for the parties.
We are informed that a criminal case against respondent no.4 has
already been registered by Gajuwaka Police Station for having allegedly kidnapped her daughter Ms.K.Sailaja and that the police are investigating the crime. That being so, this habeas corpus petition is not maintainable and is accordingly disposed of. We hope and trust that respondent-police shall carry out the investigation and take it to its logical conclusion. Miscellaneous petitions, if any, stand closed.
___________________________ DILIP B. BHOSALE, ACJ ___________________________ P.NAVEEN RAO, J Date: 19.4.2016 Tvk
HON’BLE THE ACTING CHIEF JUSTICE DILIP B.BHOSALE AND HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.12943 of 2016
Date: 19.4.2016
1 issue framed by the court
Whether this habeas corpus petition regarding alleged kidnapping of the petitioner's daughter is maintainable given the registration of a criminal case.
Kolenti Devi
State of A P
Dilip B. Bhosale
P. Naveen Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
