IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE 31st DAY OF OCTOBER, TWO THOUSAND AND ELEVEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.17729 OF 2011 Between: Thupakula Venkat Ramana … Petitioner And State of A.P., rep. by its Secretary and others … Respondents This Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITON No.17729 of 2011 ORDER: (per the Hon’ble Sri Justice A.Gopal Reddy) Father of missing person Thupakula Sudhakar, filed the present writ petition under Article 226 of the Constitution of India for issuance of a writ of Habeas Corpus for production of his son and to pass appropriate orders. According to the petitioner, his son is aged 20 years and his whereabouts are not known since 08.05.2010. His son married one Venkata Ramanamma, against the wishes of her family members, which resulted in lodging a complaint by her parents, and the said dispute has been resolved by the elders. The petitioner’s son and his wife lived at Bandharu Chetla Palli village for two months. The wife of his son left his company and was working in the house of Murkinati Nagamunnemma and her son M.Ram Bhoopal Reddy, who bore grudge against the petitioner’s son. Taking advantage of the differences between his son and his wife, M.Ram Bhoopal Reddy along with some others attacked his son on 02.05.2010 and badly inflicted the injuries. His son was shifted to Kadri Government Hospital and thereafter he was shifted to Anantapur Government Hospital on 07.05.2010. When the Doctors suggested to take him to Puttaparthi hospital, they came back to the house on 08.05.2010 and since from 08.05.2010 he is missing and his whereabouts are not known. On petitioner lodging a complaint before the Kadiri Rural Police, police have not evinced any interested to find out the whereabouts of the petitioner’s son. Against the attack made to the petitioner’s son, a crime was registered in F.I.R.No.32 of 2010. During the course of the hearing of the said criminal case filed in the said crime, one of the villagers of their village overheard his daughter-in- law remarking that his son is already dead and there is no question of his son deposing in criminal case arise out of F.I.R.No.32 of 2010. Hence, the police may be directed to investigate into the crime and to produce his son. In response to the notice, a counter affidavit has already been filed by the 3rd respondent stating that on the statement made by the alleged detenu a case in crime No.32 of 2010 under Section 324 r/w 34 IPC was registered and the investigation reveals that due to the differences between the alleged detenu and his wife, his father-in-law bore grudge against the detenu. On 02.05.2010 when the alleged detenu was at Rachhabanda of Bandharu Chetla Palli village, the father-in-law of the alleged detenu along with his family members and others attacked the detenu with iron rods and also abused him in filthy language. Investigation further reveals that the detenu abused the accused in crime No.32 of 2010 and thereby the said attacked was made by the accused. During the course of investigation, the police arrested the accused and produced them before the Additional Judicial First Class Magistrate, Kadiri and subsequently enlarged on bail. On the complaint lodged by the petitioner, crime No.1 of 2011 was registered under the head of man missing on 04.01.2011 and the investigation is in progress. Learned Government Pleader filed a status report with regard to the investigation taken up on the complaint lodged by the petitioner, which clearly discloses that the police are making efforts to trace out the alleged detenu. Even as per the averments made in the affidavit filed in support of the petition the petitioner’s son is not in illegal detention, but he is missing from 08.05.2010 and on the complaint lodged by the petitioner, crime was registered and the investigation is in progress. In view of the same, the police are directed to complete the investigation and file a report at an early date marking a copy of the report to the petitioner. The Writ Petition is, accordingly, disposed of. There shall be no order as to costs. ______________________ A. GOPAL REDDY. J ___________________ R.KANTHA RAO.J 31st October 2011 lmv HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.17729 of 2011 31-10-2011 lmv