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Judgment
Arup Kumar Goswami, CJ
Heard Mr. Dasari S.V.V.S.V. Prasad, learned counsel for the petitioner, and Mr. Y.N. Vivekananda, learned Government Pleader attached to the office of the learned Additional Advocate General-II.
In this petition for issuance of writ of Habeas Corpus, the petitioner, who is the mother of Nagabathula Kumari, alleges that Nagabathula Kumari is 17 years old and that respondent No.10 had kidnapped her minor daughter and had also committed rape. It is also pleaded that a marriage was sought to be solemnized between her minor daughter with respondent No.10 on 09.12.2020 and despite making a complaint, the Tahsildar and the Sub-Inspector of Police, Angara Police Station, did not take any action and remained mute spectators. However, respondent No.6, the Superintendent, Children Home, Women Development and Child Welfare Department, took pre-emptive steps and handed over the girl to her parents. It is alleged that, subsequently, on 23.12.2020, respondent No.10 again kidnapped Nagabathula Kumari.
The petitioner placed reliance on a Birth Certificate issued on 09.12.2020 by the Gram Panchayat, Addankivarilanka, wherein the date of birth of Nagabathula Kumari is shown as 07.05.2003.
It is to be noticed that along with a Memo dated 18.02.2021 filed on behalf of respondent No.9, a Secondary School Certificate of Nagabathula Kumari issued by the Board of Secondary Education is enclosed. The said Certificate is attested by the Gazetted Headmaster, S.M.N.Z.P.P. High School, Veeravallipalem, Ainavilli Mandal, East Godavari District, where Nagabathula Kumari studied and her date of birth is shown as 25.09.2002.
When the date of birth of Nagabathula Kumari is recorded as 25.09.2002 in the Secondary School Certificate, it is not understood why the petitioner had to take recourse to obtaining a Birth Certificate from the Gram Panchayat on 09.12.2020. We would rather place reliance on the Secondary School Certificate issued by the Board of Secondary Education. The allegations made by the petitioner pertain to the months of November and December, 2020, by which time Nagabathula Kumari attained majority.
Nagabathula Kumari, in her statement recorded under Section 164 Cr.P.C., had stated her age to be 19 years. In the said statement, it is stated that she had voluntarily and without any coercion from any quarter had gone with Sai (respondent No.10) as they were having a love affair. In clear terms, she stated that she will not go with her parents when the police advised her to live with her parents for five months but, after obtaining signatures of her parents on some papers, Child Welfare authorities sent her with her parents. Thereafter, when they tried to perform her marriage with some other person, she ran away from her parents' house on 25.12.2020.
It is submitted that presently Nagabathula Kumari is put up in Suraksha Home, Ravulapalem, East Godavari District.
In view of the above discussion, we are of the considered opinion that there is no illegal detention of the daughter of the petitioner, namely, Nagabathula Kumari, and, therefore, this petition for writ of Habeas Corpus fails.
The Writ Petition is accordingly closed. Nagabathula Kumari is at liberty to go on her own accord from Suraksha Home, Ravulapalem, East Godavari District.
No costs. Pending miscellaneous applications, if any, shall stand closed.