IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE D.S.R.VARMA and THE HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.11204 of 2009 Between: Kesarapu Satyanarayana S/o.Chandraiah, Resident of Plot No.112, Niramal Nagar colony Saroornagar, R.R.District ... PETITIONER AND 1 The Station House officer, Saroornagar, R.R.District 2 The Assistant Commissioner of Police, Saroornagar R.R.District 3 The Deputy Commissioner of Police, L.B.nagar,Cyberabad ... RESPONDENTS 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 a writ of Habeas corpus: to direct the respondents herein to trace out the petitioner wife & daughter and to produce them before this Hon`ble High Court to declare the inaction on the part of the respondents herein in investigating the matter in Crime No.340 of 2009 on the file of P.S., Saroornagar, R.R.District as illegal, arbitrary, and against the constitutional provisions and consequently direct the respondents to investigate the matter in crime No.340 of 2009 on the file of P.S., Saroornagar , R.R.District to award costs to the petitioner. Counsel for the Petitioner: MR.BATHULA RAJ KIRAN Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following : HON'BLE SRI JUSTICE D.S.R.VARMA AND HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.11204 of 2009 ORAL ORDER: (per 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 the respondents. 2. This Writ of Habeas Corpus is filed by the petitioner seeking a direction to the respondents to produce the wife and daughter of the petitioner before this Hon’ble Court and also declare the inaction on the part of the respondents in investigating the matter in Crime No.340 of 2009 of P.S., Saroornagar, Ranga Reddy District, as arbitrary and illegal. 3. It is the grievance of the petitioner that his wife and daughter were kidnapped by some persons, who were involved in a murder case and inspite of registering a complaint, the police are not taking any action to trace out the alleged detenus. 4. A counter affidavit has been filed by the Inspector of Police, Saroornagar Police Station, Cyberabad, representing the 1st respondent, stating that basing on the complaint made by the petitioner a case in Crime No.340 of 2009 of P.S., Saroornagar, was registered investigation was taken up, wherein it was revealed that detenu Nos.1 and 2 have left the company of the petitioner, owing to the alleged harassment by the petitioner. 5. It is to be remembered that the alleged detenu No.2 is the daughter of the petitioner, who is aged about 16 years. The wife of the petitioner, who is alleged detenu No.1, obviously is a major and she is at liberty to live anywhere according to her will and wish. 6. It is further brought to the notice of this Court that the police have filed a final report about the revelations of the said investigation before the learned XI Metropolitan Magistrate, Cyberabad. Furthermore, despite the specific allegation against the brother-in-law of the petitioner, with whom the alleged detenu Nos.1 and 2 have been living, he is not made a party to this writ petition. 7. However, this Court cannot go into all those material aspects as brought out in the counter-affidavit and we deem it appropriate to close this writ petition with a liberty to the petitioner to pursue his remedy as contemplated under Section 200 of the Code of Criminal Procedure seeking redressal of his grievance. 8. With the above observations, the writ petition is closed, at the stage of admission. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE R.KANTHA RAO 16-06-2009 Lmv/Msr HON'BLE SRI JUSTICE D.S.R.VARMA AND HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.11204 of 2009 16.06.2009 (Lmv)