IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION No.10296 of 2009 Between: P. Tirumala Reddy S/o. Venkata Reddy R/o 8-2-703/6/A, Road No. 12, Banjara Hills, Hyderabad. ..... PETITIONER AND 1 The Commissioner of Police Basheerbagh, Hyderabad. 2 The Assistant Commissioner of Police Asifnagar, Hyderabad. 3 The Station House Officer, Asifnagar Police Station , Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue any writ, order or direction more particulary one in the nature of Writ of Habeas Corpus direct the respondents to produce Chinnaiah, s/o. Venkataiah, aged about 33 years, R/o. Atmakur, Kurnool district employee of the petitioner herein before this HOn'ble Court and to pass Counsel for the Petitioner:MR.M.V.SURESH Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.10296 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel for the petitioner as well as the learned Government Pleader for Home, appearing for the respondents. 2. This Writ of Habeas Corpus is filed by the petitioner seeking a direction to the respondents to produce the employee of the petitioner viz., Chinnaiah, s/o. Venkataiah, aged about 33 years, r/o.Atmakur, Kurnool District, before this Court and set him at liberty. 3. The grievance of the petitioner in this writ petition is that inspite of a complaint being lodged with the third respondent stating that two Security Guards employed by the petitioner were forcibly taken away by some unknown persons and also a direction by this Court in W.P.No.10123 of 2009, dated 13.05.2009 to take appropriate action, no action has been taken by the third respondent. 4. A counter affidavit has been filed by the Inspector of Police, Asifnagar Police Station, Hyderabad, the 3rd respondent herein, stating that as per the contentions raised in the earlier writ petition in W.P.No.10123 of 2009 filed by the petitioner, the alleged complaint ought to have filed in a different Police Station, but not in the 3rd respondent Police Station. It is also pointed out in the counter affidavit that the identity of the petitioner is also in serious doubt and no person in the name of the petitioner is residing in the addressed furnished by the petitioner. Nextly, there is a specific averment in the counter affidavit that there was no such complaint made by the petitioner either on 11.5.2009 or on the subsequent date. 5. However, this Court cannot go into the veracity or otherwise of the statements made either by the learned counsel for the petitioner or the learned Government Pleader. However, in view of the specific allegation made by the third respondent that there was no such complaint whatsoever of the petitioner about the missing of the Security Guards, we feel it expedient to direct the petitioner to make a complaint to the third respondent herein within a period of one week from today and on such complaint being made, the third respondent shall register the same and investigate into the matter. 6. It is needless to say that the result of such investigation shall be communicated to the petitioner and a final report shall be filed before the Magistrate concerned. In spite of the exercise, as directed above, still the petitioner is having any grievance, it is always open for him to make a complaint to the Magistrate concerned as contemplated under Section 200 of the Code of Criminal Procedure seeking redressal of his grievance. 7. With the above observations and directions, the writ petition is disposed of, at the stage of admission. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE R.KANTHA RAO 15-06-2009 NOTE: Issue C.C. in two days. (B/O) Msr. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.10296 of 2009 15-06-2009 (Msr)