Najwa Saad vs Mirchowk Police Station and Others

R.M. Bapat, J.—The petitioner Najwa Saad, D/o late Saad Mohammed Mubarak had filed a writ petition seeking a Writ of Habeas Corpus against the respondents herein. It is submitted by the petitioner herein that she is the eldest daughter of late Saad Mohammed Mubarak. She had studied upto XI Standard and she has been in love with one Shakir Qureshi, S/o Ali Qureshi, resident of Old Bazaar, Jedcherla, Mahabubnagar District.

It is further alleged by the petitioner that the said person studied upto B.Sc, and both of them belong to the same community. It is further alleged by the petitioner that she decided to marry Shakir Qureshi but her parents objecting for the same. It is the further case of the petitioner that her mother and her brother foisted a case of kidnapping against Shakir Qureshi by lodging a complaint with Mir Chowk Police Station.

It is further stated by the petitioner that she married Shakir Qureshi on 23-8-1999 at 10-00 p.m. before the Khaji, Chatta Bazar, Hyderabad. Under these circumstances, she seeks a direction from this Court directing the respondents herein not to arrest her husband Shakir Qureshi.

The writ petitioner and her husband Shakir Qureshi are present in the Court.

We heard the learned Counsel for the petitioner and also the Government Pleader attached to the Office of the Advocate-General.

The learned Government Pleader submitted that the mother of the girl has filed a case of "Girl Missing" and it was registered as FIR No. 773/99 at Mir Chowk Police Station. No offence of Kidnapping is registered against the petitioner or her husband. The learned Government Pleader also produced the original complaint filed by the mother of the writ petitioner in which the mother of the writ petitioner herself admitted that her daughter i.e., the petitioner herein is aged about 23 years.

Considering the fact that the petitioner is legally wedded wife of one Shakir Qureshi, this Court directs the first respondent herein not to register any case against the husband of the writ petitioner and the ''Girl Missing'' case, which is already registered as F.I.R.No. 773/99, be closed.

The petitioner and her husband are directed to remain present in the Mir Chowk Police Station along with the copy of this order.

The Dy. Superintendent of Police, High Court of A.P. is directed to arrange escort to the petitioner and her husband to reach Jedcherla, Mahabubnagar District at the cost of the petitioner and her husband.

With these directions, the writ petition is disposed of. No costs.