THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR WRIT PETITION No.1261 of 2010 Date: 12.04.2010 Between: Janapareddi Ganeswara Rao … Petitioner and The Superintendent of Police, East Godavari District, Kakinada and others. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR WRIT PETITION No.1261 of 2010 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent Nos.1 and 2. 2. This Writ of Habeas Corpus is filed by the petitioner directing respondent Nos.1 and 2 to produce the petitioner’s son viz., Janapareddi Sridhar alias Peddi Sridhar, aged about 27 years, before this Court and set him at liberty. 3. From a perusal of the affidavit filed in support of the writ petition and the counter affidavit filed by the Sub Inspector of Police, I Town Police Station, Rajahmundry, East Godavari District, representing the 2nd respondent herein, it could be seen that the alleged detenu, namely Janapareddi Sridhar, as well as the daughter of the 3rd respondent, namely Soujanya, were found missing. It appears that both of them love each other and left their respective houses, hopefully to marry each other. 4. Even otherwise also, admittedly since both the missing man and the woman are majors, they have every liberty to lead a kind of life as per their will and wish. Unless there is a specific complaint to the police that the same amounts to an offence either under Section 363 I.P.C. or any other related offence, the police are not obligated to conduct any investigation. 5. In the instant case, there is no such complaint to the police against anyone either by the petitioner or by the 3rd respondent attracting any of the offences described under the Indian Penal Code. Therefore, the only grievance that remain on record is that the parents of the missing man are being harassed by the police with regular intervals to reveal the whereabouts of both the missing man and also the missing daughter of the 3rd respondent. 6. On the contrary, the learned Assistant Government Pleader submits that the police have been investigating into the alleged act of absconding of the missing man with huge monies collected from the public. 7. This is altogether a different story. If there is any such complaint to the police by anybody, the police can investigate into the matter and take appropriate steps as prescribed under law. 8. With the above observations, 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 B.CHANDRA KUMAR 12.04.2010. Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR WRIT PETITION No.1261 of 2010 12.04.2010 (Msr)