(1.) The instant Criminal Petition under Sec. 482 of the Code of Criminal Procedure, 1973 (in short "Cr.P.C."), is filed by the petitioner/Accused No.1, seeking to quash the proceedings against him in Crime No.93 of 2023 of Muttukur Police Station, SPSR Nellore District registered for the offence under Sec. 363 IPC.
(2.) Heard Sri B.Venkata Satyanarayana, learned counsel for the petitioner and Sri P.Mallikarjuna Rao, learned counsel representing learned Assistant Public Prosecutor for the State. In peculiarity of the present case, Sri P.Mallikarjuna Rao, learned counsel is requested to represent the de facto complainant also.3. The peculiarity of the present case is that the father of a woman, who is the de facto complainant lodged a complaint to the Police stating that his daughter was kidnapped by the petitioner. The report itself discloses that his daughter is not a minor. Be that as it may, along with the petition, they filed an affidavit of the victim, who was alleged to have been kidnapped by the petitioner. The affidavit runs as follows: AFFIDAVIT OF SINDHU PRIYA/VICTIM I, Sindhu Priya Vellapelam, D/o.Harinatha Reddy, aged about 24 years, Occ:Private Employee, presently residing in Hyderabad, permanent R/o.H.No.24/2/1887, Flat No.7, II Floor, Siddi Vinayaka Residency, Magunta Layout, Nellore, AP-524003 Do hereby solemnly affirm and state on oath as follows:
(3.) I submit that, I consciously and wilfully decided to establish my residence in Hyderabad, commencing from 25th of February, 2023. This choice was not only a manifestation of my personal autonomy but also a fundamental exercise of my rights as enshrined in the Constitution of India. The fundamental rights that underscore this decision include the right to personal liberty, the right to freedome of movement, and the right to reside and settle in any part of the territory of India, as guaranteed by the Constitution. By exercising my free will in relocating to Hyderabad, I was not only pursuing my professional aspirations but also safeguarding my inherent rights to liberty, mobility, and residence, which from the bedrock of our democratic principles.