S SESHAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed to issue a writ of habeas corpus to search for one person by name Masi wherever he is held by the police in the State of Andhra Pradesh and to produce him before this Court and set him at liberty and pass appropriate orders.

(2.) The writ petition is filed by Prof. S. Seshaiah, who is working as a Professor in the Department of Law in Sri. Krishnadevaraya University, Ananthapur based upon a newspaper report dated 12-10-1993 published in the Indian Express. The petitioner alleged in his affidavit that one Vijaya, 17 years old, tribal girl, who belongs to a remote village called 'Athiyur' near Gingee of Cuddalore District, Tamil Nadu State, is said to have been raped by police men of Pondicherry on 29/07/1993; that for reasons unknown the father of the victim girl by name Masi was forcibly taken away to Tirupathi by the police men of Andhra Pradesh on the night of 2-10-1993 and therefore requested this Court to issue a writ of habeas corpus.

(3.) The Superintendent of Police, Chittoor District filed two counter-affidavits. In the first counter-affidavit sworn on 24-10-1993, he stated that the Andhra Pradesh Police from Chittoor District never visited the house of either the victim girl Vijaya or her father Masi at their native place on 2-10-1993 and denied the allegation that the police men led by the Sub-Inspector of Police, Tirupathi abducted Masi from his house into a van and that he was taken away to Tirupathi. He further stated that after making enquiry, he found that one Ruddrayya of Tirupathi gave a complaint in the Central Crime Station, Tirupathi stating that on 21-10-1993 at about 6.00 p.m. at S.V. Old Bus Stand, Tirupathi, he along with his friend Mastan were going to Tirumala, the accused person described by him as Kannan alias Mani alias Ponnuswamy alias Masi, resident of Athiyur of Cuddalore District of Tamil Nadu, has snatched a gold chain from his neck in the pilgrims crowd and that he and his friend caught hold of the said person red-handed with the stolen property and produced him before the Sub-Inspector of Police, Central Crime Station, Tirupathi, who registered the complaint as Cr. No. 400/93 under S. 379. I.P.C. and produced him before the Second Additional Munsif Magistrate, Tirupathi on 22-10-1993 and the said person is in judicial custody in Tirupathi, Chittoor District. He alleged that efforts are being taken to verify the identity of the said person if he is referred to as Masi, in the writ petition filed by the petitioner.