IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JUNE 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 : 26042 of 2007 Between: Polimati Krishna Mohan S/o. Veeranna R/ao. H.No. 8-788, Ravulapalem, E.G. District. ..... PETITIONER AND 1 The Director General and Inspector General of Police Andhra Pradesh, Hyderabad. 2 The Superintendent of Police, Visakhapatnam. 3 The Station House Officer, III Town Police Station, Visakhapatnam, Visakhapatnam District,. 4 Sri Suresh (Father's Name , age and Place of Residence not known to the Petitioner) through S.H.O. III-Town .....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 directing the respondents 1 to 3 produce the petitioners son namely Polimati Vijaya Kumar, before this Hon'ble Court and pass such further or other orders as the Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.I.AGA REDDY Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following: THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.26042 of 2007 ORDER: (per THE HON’BLE SRI JUSTICE K.C.BHANU) This writ petition is filed seeking to issue a writ of Habeas Corpus directing respondents 1 to 3 to produce the petitioner’s son namely Polimati Vijaya Kumar before this Court. 2. In response to the notices, issued by this Court, the third respondent-Inspector of Police, III Town Police Station, Visakhapatnam, filed counter-affidavit as well as additional counter-affidavit stating that the Police made all the efforts in tracing the petitioner’s son, who was missing, in Crime No.251 of 2007 of III Town Police Station, Visakhapatnam, for the offences under Sections 365 read with 34 IPC. It is further stated that the Police is taking steps to issue notice to the complainant informing him that they are filing a final report “as undetectable”, as required under Andhra Pradesh Police Manual Order. 3. The grievance of the petitioner is that there was no proper investigation made by the Investigation Officer concerned. However, the said grievance can be agitated by the petitioner before the Magistrate concerned because as per law notice has to be given to the complainant calling for his objections on the final report that may be filed by the Police under Section 173 of Code of Criminal Procedure. A copy of the final report, dated 25.04.2008, is also made available by the learned Assistant Government Pleader representing the learned Advocate General. 4. As seen from the said report, the Police referred the said case as undetectable. Therefore, the petitioner can as well agitate his grievances before the Magistrate concerned after receipt of notice. 5. No further orders need be passed in this writ petition. Accordingly, the writ petition is closed, at the stage of admission, leaving it open to the petitioner to avail his remedies available under law. However, there shall be no order as to costs. _______________ D.S.R.VARMA, J ______________ K.C.BHANU, J 09.06.2008 dr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Director General and Inspector General of Police Andhra Pradesh, Hyderabad. 2 The Superintendent of Police, Visakhapatnam. 3 The Station House Officer, III Town Police Station, Visakhapatnam, Visakhapatnam District,. 3 2CCs to Advocate General, High Court of A.P., Hyderabad. 4 2CD copies