V. CHARITHA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard V. Surendra Reddy, learned counsel for the Petitioner and Sri P. Gangi Rami Reddy, learned counsel for respondent No.6.

(2.) The petitioner herein is the mother of the boy, who is said to have been illegally detained by the 6th respondent, who is the father of the boy. The case of the petitioner is that the petitioner and the 6th respondent had been married, as per Hindu Rites and Customs, on 5/3/2017 and they have a son named Master V. Vahin Reddy who was born on 24/11/2018 in Nellore. The petitioner states that she had filed a complaint before the Nellore Rural Police Station, under Sec. 498-A of I.P.C and Ss. 3 & 4 of Dowry Prohibition Act, which was registered as Crime No.416 of 2022. Subsequently, a charge sheet had been filed in the case and the said case is now numbered as C.C. No.94 of 2023 after the IV Additional Judicial Magistrate of First Class had taken cognizance of the charge sheet.

(3.) The petitioner contends that the 6th respondent, had forcibly entered into the house of the parents of the petitioner, on 28/1/2024 and had forcibly taken away the minor boy. Photographs showing the 6th respondent taking away the child have also been filed. The petitioner contends that a complaint was immediately given, on this incident, to the District Women and Children Care Empowerment Officer, who took steps for an enquiry. The Empowerment Officer was treated very roughly by the 6th respondent after which the petitioner, having realised that there was every danger of the petitioner losing custody of the child, had approached this Court, by way of the present writ for Habeas Corpus.