APHC010053642026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] TUESDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.3081 of 2026 Between: 1. SRUJANA KUMARI, W/O CHAITANYA BABU, AGED ABOUT 35 YEARS, OCCUPATION: FRUIT VENDOR, R/O CHITRALAGOPPU VILLAGE, LAMBASINGI PANCHAYAT, CHINTAPALLI MANDAL, ALLURI SEETHARAMA RAJU DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, ALLURI SEETHARAMA RAJU DISTRICT, PADERU. 4. THE DEPUTY SUPERINTENDENT OF POLICE, CHINTAPALLI SUB-DIVISION, ALLURI SEETHARAMA RAJU DISTRICT. 2 CMR,J & GTK,J W.P.No.3081 of 2026 5. THE STATION HOUSE OFFICER, CHINTAPALLI POLICE STATION, ALLURI SEETHARAMA RAJU DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. V R MAHESWARA RAO PALETI Counsel for the Respondent(S): 1. THE ADVOCATE GENERAL The Court made the following: 3 CMR,J & GTK,J W.P.No.3081 of 2026 THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.3081 of 2026 O R D E R: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) This writ petition under Article 226 of the Constitution of India for habeas corpus is filed seeking direction to the respondent-police officials to produce the minor girl by name Kotukula Vinothna, who is aged about 16 years (hereinafter referred to as ‘corpus’) before the Court and then to set her at liberty. The petitioner also prayed to order for registration of appropriate criminal case against a person by name Sardar Hussain and his associates and to provide protection to the corpus and to order departmental enquiry against the erring officials for not taking appropriate action regarding the missing of the corpus, who is a minor girl. 2. Heard learned counsel for the petitioner and learned Special Government Pleader attached to the office of the learned Advocate General appearing for the official respondents. 3. The petitioner is the mother and natural guardian of the corpus, who is a minor girl aged about 16 years, said to have been born on 11.09.2009. It is alleged that the corpus was illegally abducted by some private individuals and she was wrongfully confined and her whereabouts are not known since 26.01.2026. It is stated that the petitioner is a deserted woman and she is eking out her livelihood by running a small fruit stall in the village and residing in a tin shed house with her two minor daughters. While so, in the month of October, 2025, 4 CMR,J & GTK,J W.P.No.3081 of 2026 a person by name Sardar Hussain, aged about 42 years, staying in A.P. Tourism Haritha Resort at Lambasingi village, falsely projected himself as an IAS officer associated with some Central Government Trust, gained access with the family of the petitioner and targeted the corpus. It is stated that on 14.12.2025, during the absence of the petitioner in her house, the said Sardar Hussain behaved indecently with the corpus and when she protested, his associates A. Venkata Ramanujulu, Masam Ramu Jog and others assaulted her and threatened her with dire consequences. It is stated that on 01.01.2026 at about 6.00 p.m., the said Sardar Hussain and his associates came in two cars and forcibly kidnapped the corpus. Although she was rescued on 03.01.2026, no action was taken by the police even though the corpus has disclosed repeated sexual assault by the said Sardar Hussain and his associates on her by threatening her. It is alleged that on 26.01.2026 at about 12.00 in the midnight, the said Sardar Hussain along with ten associates, armed with deadly weapons, trespassed into the house of the petitioner and assaulted her by aiming a gun to her head and again abducted the corpus. Though a report was lodged with Chintapalli police, furnishing the particulars of the accused, including the details of the vehicles used by them, and informing them about the prior incidents and the threats given by the accused, the police failed to trace the minor girl and to rescue her. Therefore, in the said circumstances, the petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking the aforesaid relief by way of filing this writ petition for habeas corpus. 5 CMR,J & GTK,J W.P.No.3081 of 2026 4. On 03.02.2026, when the matter came up for admission, learned Assistant Government Pleader attached to the office of the learned Advocate General has taken notice for respondent Nos.1 to 5 and requested time to seek instructions. Therefore, the matter was directed to be listed on 10.02.2026. On 10.02.2026, learned Assistant Government Pleader submitted before the Court that the corpus is found in the house of a person by name Vijaya Satya, who is the friend of the corpus, and the police traced her whereabouts and as she is a minor girl and as she refused to join her mother, the police kept her in Bala Sadhan, which is a home for shelter maintained by the Children Development Department. The corpus was also produced before the Court on that day by Chintapalli Police. 5. On the said day i.e., on 10.02.2026, we have interacted with the corpus who is a minor girl. She stated that she is a minor and her date of birth is 11.09.2008, as mentioned in the SSC certificate, and she has not completed her age of majority. She has also given some other details which we have noted in our order dated 10.02.2026. She was not willing to accompany her mother and to go to her house and she stated that she is interested in marrying the said Sardar Hussain alias Siva. In view of the same and as she was a minor at that time, we have directed the police to keep her in the Government Children Home for Girls, Visakhapatnam, maintained by Juvenile Welfare Department, till she attains her age of majority. The corpus has also given consent to stay in the said Government Children Home for Girls. 6. As this Court found that the facts pleaded in the affidavit filed in support of the writ petition disclosed very alarming acts and as it is alleged that a person by name Sardar Hussain, aged about 42 years, projecting himself as an IAS Officer, developed acquaintance with the 6 CMR,J & GTK,J W.P.No.3081 of 2026 corpus, who is a minor, and took her away from the lawful custody of her mother, who is her natural guardian, and subjected her to sexual assault and as the said acts constitute very serious offences under law, we found fault with the police in not initiating appropriate legal action against the said Sardar Hussain. As the police made an effort to just shirk their responsibility by simply stating that the victim did not give any adverse statement against the said Sardar Hussain, we have given a direction to the 4th respondent - Deputy Superintendent of Police, Chintapalli Sub-Division, to personally investigate the case and to find out the truth and take appropriate legal action against the said Sardar Hussain if the allegations are found to be true, as sexual assault against a minor girl even with consent would constitute an offence of rape. We have also directed the 3rd respondent – Superintendent of Police and the 4th respondent – Deputy Superintendent of Police to take appropriate action against the Inspector of Police for not responding to the Law Officer of the High Court in a serious matter of like nature, where the allegations are relating to kidnap of a minor girl and sexual assault made against her, and further directed the 4th respondent – Deputy Superintendent of Police to report the progress in the investigation and enquiry made by him and the action taken against the culprits within two weeks and ordered to list the matter on 24.02.2026. 7. On 24.02.2026, after perusing the material placed before the Court and, particularly, from the medical evidence which was produced, we have noticed that the Medical Officer, who examined the corpus, opined that the sexual assault on the victim girl cannot be ruled out. As the said medical report is vague to that effect, we have directed the said Medical Officer by name Dr. J. Himani to be present 7 CMR,J & GTK,J W.P.No.3081 of 2026 before the Court to clarify the doubts of the Court relating to the said vague report submitted by her. We have also directed both the Superintendent of Police and the Deputy Superintendent of Police, who are the 3rd and 4th respondents, to be present before the Court and ordered to list the matter on 10.03.2026. 8. On 10.03.2026, all of them, as directed, are present and at that time, it was reported that after the order dated 24.02.2026 was passed by this Court, the police have included Sections 7 and 8 of POCSO Act on 28.02.2026 in the case registered against the said Sardar Hussain. But, this Court found that the investigation is not being done in proper manner and that the investigation is perfunctory and that an effort is being made by the police to protect the real culprits. Therefore, we have directed the 3rd respondent - Superintendent of Police to personally monitor the investigation done and if necessary, to entrust the investigation to another competent and efficient officer, and ordered to list the matter today i.e., on 07.04.2026. 9. Today, when the matter is taken up, learned Special Government Pleader appearing for the respondents submitted written instructions, stating that the corpus was subjected to further medical examination by a team of three doctors and the culprit by name Sardar Hussain alias Siva was arrested on 16.03.2026 in connection with the crime registered against him and he was produced before the concerned Magistrate and he was remanded to judicial custody and the bail application filed by him is pending hearing and the police also sought for his police custody for interrogation and the police custody was granted and he was interrogated. It is also stated that another person by name A. Venkata Ramanujulu was also added as accused No.2 and as the allegation against him is only that he assisted the 8 CMR,J & GTK,J W.P.No.3081 of 2026 main culprit in committing the said offences and as the offences registered against him are punishable with less than seven years of imprisonment, a notice under Section 35(3) of BNSS was issued to him. It is stated that the investigation is almost completed and the charge sheet will be filed in the concerned Court. 10. But, as can be seen from the statement given by the writ petitioner, who is the mother of the corpus, to the police and also from the averments made in the writ petition, about nine other persons accompanied the said Sardar Hussain to the house of the petitioner on 26.01.2026, assaulted her and kidnapped the corpus from her lawful custody. The same fact is also emanating from the remand report filed by the police in this case. But, the identity of those nine persons has not been traced. Police did not take any steps in this regard. This again shows the inefficiency of the investigation officer in this regard and that the investigation is not being done properly. 11. Since the corpus, who is a minor girl, is now traced and she is produced before the Court and she is permitted to stay in the shelter home till she attains the age of majority, no further orders are required to be passed relating to the same as she is now at liberty. 12. Since charge sheet is going to be filed against the main accused i.e., Sardar Hussain, the law has to take its own course. But, as the facts emanating from the record also disclose that nine other persons allegedly accompanied the said Sardar Hussain to the house of corpus and assisted him in abducting and kidnapping the corpus, who is a minor girl, and committed various offences punishable under law, the police have to conduct further investigation to trace the identity of the said nine other culprits and to find out their role in commission of the 9 CMR,J & GTK,J W.P.No.3081 of 2026 said offences and, if necessary, file an additional charge sheet against them by taking recourse to law. 13. Therefore, as the corpus is now set at liberty and as a crime has been registered against two culprits, with the above observations, the writ petition is disposed of. If the police fail to conduct further investigation against the other nine culprits, the writ petitioner is at liberty to move this Court to take appropriate action against the erring officials. The petitioner, who is the mother and natural guardian of the corpus, is permitted to meet the corpus in the shelter home where she is staying at present. The authorities of the said shelter home shall permit the petitioner to meet the corpus whenever she approaches them to allow her to meet the corpus. As a sequel, interlocutory applications, if any pending, in this case shall stand closed. There shall be no order as to costs. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY ______________________________________ JUSTICE TUHIN KUMAR GEDELA Date: 07.04.2026 IBL 10 CMR,J & GTK,J W.P.No.3081 of 2026 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.3081 of 2026 Dt: 07.04.2026 IBL