IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.14398 of 2008 Between: Ganduri Nirmala, W/o. Ganduri Prabhakar, H.No. 1-2-163, K.K. Road, Suryapeta, Nalgonda District. ..... PETITIONER AND 1 The Station House Officer, Suryapet Town Police Station, Nalgonda District. 2 The Superintendent of Police, Nalgonda District at Nalgonda. 3 The Director General of Police, Government of A.P., Hyderabad. 4 The Government of A.P., Rep. by its Prl. Secretary, Home Department, Secretariat, Hyderabad. 5 Potta Bathula Anita, D/o. Chandram 6 Potta Bathula Gopi 7 Potta Bathula Shoba 8 Rapolu Satyanarayana 9 Smt. Rapolu Uma 10 A. Narasimha 11 A. Jyothi (Respondents Nos. 5 to 11 are residing H.No.1-1-45, Tallagada, Suryapeta, Nalgonda District.) .....RESPONDENTS Petition under Article 226 of the constitution of India praying that for the reasons stated in the "Petition" dated 01- 07-2008 sent by the Petitioner herein, this Hon'ble Court may be pleased to issue an Order, direction, or a Writ, more particularly one in the nature of Writ of Mandamus calling for the records and remarks from the Respondents 1 to 4 herein in and connected to (i) missing of Petitioner's husband and herein namely Ganduri Prabhakar, S/o. Ganduri Shankar, aged 33 years since 01.03.2008 and on enquiry the Petitioner came to know that one P. Gopi, Salesman of their shop, Mr. P. Gopal and his family members viz., Respondents Nos. 5 to 11 kidnapped her husband; (ii) action of the police of Suryapet Town Police Station on the complaint made by the Petitioner's father namely G. Shanker, which was registered as Cr.No.71/2008 on 13-03- 2008; (iii) demanding Rs. 25 (Twenty Five Lakhs) by the kidnappers otherwise they would see her husband's end; and this Hon'ble Court may be pleased to pass appropriate orders directing the Respondents Nos. 1 to 4 herein to trace out the Petitioner's husband, hand over him and to provide protection to her husband's life from the kidnappers and to pass such other or further orders as this Hon'ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: LETTER Counsel for the Respondent Nos.1 to 4: GP FOR HOME The Court made the following : THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.14398 of 2008 ORDER: (per THE HON’BLE SRI JUSTICE D.S.R.VARMA) Heard learned Government Pleader for Home, appearing for respondent Nos.1 to 4. 2. This writ petition is taken up on the basis of a petition, dated 01.07.2008, addressed to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, by one Ganduri Nirmala, resident of Suryapet, Nalgonda District, alleging that her husband by name G.Prabhakar was kidnapped by one P.Gopi, who is working in their cloth shop as salesman, P.Gopal and his family members viz., Potta Bathula Anitha, Potta Bathula Gopi, Potta Bathula Shoba, Rapolu Satyanarayana, Rapolu Uma, A.Narasimha and A.Jyothi and seeks to issue necessary directions to the Station House Oﬃcer, Suryapet Town Police Station, to trace out her husband and produce him before this Court. 3. In response to the notice, issued by this Court, the ﬁrst respondent-Sub-Inspector of Police, Suryapet Town Police Station, Nalgonda District, ﬁled counter-aﬃdavit, stating, inter alia, that on 13.03.2008, one Ganduri Shankar, the father-in-law of the petitioner, lodged a complaint stating that, on 01.03.2008, he gave a sum of Rs.3,00,000/- to his son (the alleged detenu) for purchasing clothes at Dharmavaram, Bangalore, Coimbatore and Salem, and he was expected to come back on 10.03.2008, but did not come back. Thereupon, he made some enquiries, which revealed that his son did not go to the aforesaid places and consequently, a report has been given to the Police, which was registered under the head of ‘Man Missing’ and the investigation was set into motion. 4. It is further stated in counter-aﬃdavit that, during the course of investigation, he examined the complainant and recorded his detailed statement under Section 161 Cr.P.C. He obtained the photograph of the missing person and the said fact of missing of the husband of the petitioner was informed to Criminal Intelligence System, to publish in the gazette. 5. During the course of further investigation, it came to light that the alleged detenu had eloped along with one Pottabathula Anitha from Suryapet, and was moving from place to place, without the knowledge of both the families, and in this regard, a case in Crime No.67 of 2008, under the head of “Woman Missing”, was registered, on the complaint lodged by Smt Shobha, mother of the missing woman. 6. The said lady was also found missing from the same day on which the alleged detenu i.e., the husband of the petitioner was found missing, i.e., from 01.03.2008. 7. Further, during the course of investigation, the photograph of the alleged detenu along with the said missing lady was traced, which shows that they were very closely acquainted with each other. Further, on receipt of credible information by the Police that one Ale Narsaiah, maternal uncle of the missing woman, and his brother-in-law have some knowledge about the missing persons, they were summoned to the Police Station, and their statements were recorded, which clearly showed that the alleged detenu and the missing woman had gone to Chennai and telephoned to Ale Narsaiah. It appears that for three days they stayed at Chennai and then stayed at Goa for three days. Afterwards, Ale Narsaiah and others tried to bring back the said missing woman to Suryapet, but the alleged detenu threatened them that if they take back her, he will commit suicide by jumping from the overhead tank and therefore, they left them and came back. 8. Apart from the above, several other steps taken by the Police have also been narrated in the counter-affidavit. 9. The important aspect brought to the notice of this Court through the counter-aﬃdavit is that the alleged detenu and the said missing lady-Anitha gave a sum of Rs.3,00,000/ to one Rapolu Satyanarayana, who is the husband of elder sister of the said Anitha, that he opened three accounts and deposited Rupees one lakh each in those accounts and handed over four kissan vikas patras, having a face value of Rs.50,000/- each, six Kissan vikas patras, having a face value of Rs.10,000/- each, along with some document, regarding registration of some immovable property and some other movable properties, which were seized. 10. From the above facts, which came into light during the course of investigation, it appears that the investigating agency had made all eﬀorts to trace the alleged detenu as well as the other missing lady, with whom he had eloped. 11. Therefore, having regard to the facts and circumstances, particularly in view of the eﬀorts made by the Police, we are of the view that the writ petition is desirable to be closed with a direction to the respondents to intensify the eﬀorts to trace the alleged detenu, and, as and when he is traced, he shall be produced before the Court concerned, in accordance with law. 12. With the above directions, the writ petition is closed, at the stage of admission. However, there shall be no order as to costs. _______________ D.S.R.VARMA, J ______________ K.C.BHANU, J 19.08.008 dr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Suryapet Town Police Station, Nalgonda District. 2 The Superintendent of Police, Nalgonda District at Nalgonda. 3 The Director General of Police, Government of A.P., Hyderabad. 4 The Principal Secretary, Government of A.P., Home Department, Secretariat, Hyderabad. 5 2CCs to Government Pleader for Home, High Court of A.P., Hyderabad. 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