CHOUDHARY K V R Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) One K.V.R. Choudhary, Resident of Satrampadu, Eluru, West Godavari District, has filed this application seeking a writ of Habeas Corpus directing the Inspector of Police, Punjagutta Police Station, Hyderabad and R. Narasaiah Naidu, resident of Begumpet, Hyderabad, to produce his niece-daughter of his deceased sister-before this Court and hand over her custody to any near relative. In the affidavit filed in support of the writ petition, it is averred that the petitioner's sister, Kanaka Durga Vani, was married to the second respondent on 14-8-1983 and a female child was born to them in October, 1985, and the girl was named Ramya by the parents. Kanaka Durga Vani died in suspicious circumstances on 27-3-1989 and when the baby, Ramya, was staying with him at Eluru, she was taken away in 1993 by the second respondent, her father, who got her admitted in a school at Hyderabad. One Srinivasa Rao, a relation of the petitioner, happened to visit Hyderabad and when he went to the house of the second respondent on 10-1-1996, he saw the pitiable condition of the girl: She was badly beaten-up and was burnt on face, arms, legs and throat and when he asked respondent No.2 he gave evasive and contradictory replies. On coming to know of this, the petitioner came to Hyderabad and when he asked the second respondent about the condition of the girl, he got only evasive replies and at that time the second respondent was in a drunken state. Apprehensive of the safety of the life of the girl, Ramya, this writ petition was filed by him. It is also mentioned in the affidavit that the second respondent, after death of the first wife, has contracted a second marriage. He was earlier working in the Army and after retirement, he was again appointed as a driver in the Military Engineering Service.

(2.) In the counter-affidavit filed by the second respondent, while denying the allegation of the death of his first wife under suspicious circumstances, it is averred that he transferred two house-sites in the name of his daughter and also transferred fixed deposit receipt worth Rs.10,000/- lying in the name of his deceased wife in favour of the minor daughter-Ramya. He asserted that he has great affection for his daughter and as she was not regular in attending the school and failed in all subjects in the 7th class half-yearly examination and as his friends complained that his daughter was taking out money from their pockets, all his attempts to set right her conduct proved in vain and so "vexed with her rude behaviour, I wanted to mark on her hands but unfortunately, in wriggling, the hot 'atlakada' touched her face. I never intended to punish her seriously, but if I do not set right her conduct, I will be presenting a criminal to the society". The other details are not very relevant except the averment that he transferred all the property in favour of his daughter and he is getting only Rs.950/- monthly pension and his second wife Smt. Vana Kumari will complete her nursing training this year i.e., 1996.

(3.) In the reply affidavit, several details are given as to how the properties came to be acquired by the second respondent, which are not very necessary for proper disposal of this writ petition.