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2007 DIGILAW 83 (AP)

Kaka Ramayamma v. Palepu Satyanarayana @ Satyam

2007-01-25

D.S.R.VERMA

body2007
ORDER "As directed by this Court on 19-01-2007 the Station House Officer, Devipatnam Police Station, Devipatnam Mandai, East Godavari District is present before this Court. 2. The suit O.S.No. 12 of 2006 was filed before the Agent to Government (District Collector), East Godvari at Kakinada seeking custody of the minor child, by name Kaka Praveen Kumar and an interlocutory application in I. A. No.8 of 2006 has also been filed for interim custody of the child. 3. It appears that the plaintiff is the biological mother of the minor son. One son is admittedly with the mother/plaintiff and the other son had been in the custody of one Palepu Safyanarayana @ Sat yam, who is allegedly estranged husband of the petitioner/ plaintiff. 4. The Station House Officer, Devipatnam PS represents that the boy is actually in the custody of the respondent/defendant, who is allegedly estranged husband of the petitioner/ plaintiff and he is kept in an unknown place in the thick forest near Devipatnam, East Godavari District. 5. It is his further representation that even though the boy is traced, it is difficult to produce the boy since the said boy is in the custody of the respondent, who is allegedly estranged husband of the petitioner, and also surrounded by many tribals and the said area, where the boy is actually confined, is under the influence of some extremist elements. 6. He further states that unless and until there is sufficient support, both physical and morally, it is very difficult to trace the boy and give his custody to the mother inasmuch as nobody has been coming forward to extend the co-operation to the Police. 7. The above statements, in fact, are highly deplorable and hence without making any further comments, this Court only can issue directions to the authorities concerned. 8. It is also stated by the Station House Officer, Devipatnam, PS that the Project Officer, ITDA, Rampachodavaram, East Godavari District has been in regular interaction with the tribals. Therefore, there is every possibility that if there is positive cooperation from the said authorities, he can put forth all his best efforts to trace and get the boy and produce before the Agent to Government (District Collector), East Godavari at Kakinada, before whom the matter is pending. 9. Therefore, there is every possibility that if there is positive cooperation from the said authorities, he can put forth all his best efforts to trace and get the boy and produce before the Agent to Government (District Collector), East Godavari at Kakinada, before whom the matter is pending. 9. In fact, the Mandai Revenue Officer, Devipatnam Mandai, East Godavari District, who is having magisterial, powers and designated as the Mandai Executive Magistrate, and the Revenue Divisional Officer, Rampachodavaram, East Godavari District who is also an authority having certain magisterial powers and designated as Sub-Divisional Magistrate, in normal course, shall extend the fullest co-operation to the Station House Officer, Devipatnam PS in matters like this though not in all. 10. The issue involved is pertaining to the freedom of a minor boy, aged about 7 years, involving rights under the Constitution of India also. In such matters, though not necessary, all the authorities with some sense of responsibility, shall have to extend their best co-operation in order to unravel the truth, particularly in the present context by tracing and handling over the custody of the boy to the Agent to Government (District Collector), East Godavari at Kakinada for appropriate orders. 11. Accordingly, with the above observations, the authorities concerned viz., (1) The Superintendent of Police, East Godavari at Kakinada; (2) The Project Officer, Integrated Tribal Development Agency, Rampachodavaram, East Godavari District; (3) The Revenue Divisional Officer-cum-Sub Divisional Magistrate, Rampchodavaram, East Godavari district; (4) The Mandai Revenue Officer-cum-Mandal Executive Magistrate, Devipatnam Mandai, East Godavari district; and (5) The Sub Divisional Police Officer (sic. Magistrate), Devipatnam, East Godavari District, shall accord cooperation to the extent needed and possible to the Station House Officer, Devipatnam Police Station, East Godavari district to trace the boy, by name Kaka Praveen Kumar, to facilitate to produce him before the Agent to Government (District Collector), East Godavari at Kakinada, as expeditiously as possible. 12. The presence of the Station House Officer, Devipatnam Police Station, East Godavari district is dispensed with for the present. 13. List the C.R.P. after two weeks.