THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE V SURI APPA RAO Writ Petition No. 442 of 2011 DT.9.3.2011 Between: B Narasappa … Petitioner And State of A P rep by its Secretary, Home Dept, Hyderabad and ors … Respondents Counsel for the Petitioner: Sri Kasa Jaganmohan Reddy Counsel for respondents 1 to 3: Advocate General Counsel for respondents 4 & 5 : None The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE V SURI APPA RAO Writ Petition No. 442 of 2011 ORDER : (Per Sri Justice V Eswaraiah) This writ petition is filed seeking a writ of Habeas Corpus directing the respondents to produce Kumari Roja, aged about 16 years, daughter of petitioner herein who is stated to have been missing from 8.12.2010 at 12.30 hrs from her house and the petitioner suspects that respondents 4 and 5 herein have abducted her. It is alleged that the 4th respondent herein made friendship with the alleged detenu and nine months ago abducted her and on a complaint made by the petitioner herein to the third respondent/Station House Officer, Alur Police Station, after two days, she was handed over to the petitioner. Now once again she is not seen from the afternoon of 8.12.2010 and petitioner suspects that 5th respondent who is father of the 4th respondent herein knows her whereabouts and may cause harm to her daughter and though a complaint is registered there is no progress made in the matter, hence the present writ petition. Pursuant to notice issued by this Court dated 19.1.2011, the third respondent filed a counter affidavit stating that earlier about 9 months ago, the 4th respondent induced the missing girl and they eloped and after two days they were traced and sent to their respective houses and that at present also it is admitted by the parents of 4th respondent that their son is also not seen in the village and that they are also searching for him. It is further stated that a look out notice with photograph and descriptive particulars of missing girl were sent to the bordering police stations and the said information is also flashed to DCRB, Kurnool to all the police stations in the State through A.P. Police Messaging System. That a search team was formed consisting of a Head Constable and two Police Constables and they had visited various places including surrounding villages and searched for the missing girl and the suspect by showing the photographs. That on 26.12.2010 the search teach visited Mantralayam and caused enquiries with the Manager of the Kalyana Mandapam and also visited the surrounding villages making enquiries but in vain. That on 5.1.2011 they visited Arekera, Arekera Thanda, Muddanageri, Kuruvalli of Alur mandal,Kurnool district and caused enquiries and on 7.1.2011 visited Hathibelagal, Molagavalli,, Molagalli Kottla villages, on 12.1.2011 visited Angasakal village of Alur mandal, on 14.1.2011 visited Peddahoturi village and caused enquiries, on 17.1.2011 visited Molagavelli village and caused enqiries, on 18.1.2011 visited Kurnool town and met the local station house officers and exchanged the intelligence with them and also caused enquiries, on 24.1.2011 visited Allagadda town and caused enquiries with the residents showing the photographs of both the missing girl and suspect, but could not succeed in tracing them. It is specifically stated that since the date of registration of the crime, hectic efforts are being made to trace the missing girl and the suspect/4th respondent and that the investigation is still continuing. While so, this Court by order dated 2.2.2011 directed the respondents to file status report within three weeks. Thereafter the third respondent filed an additional counter affidavit bringing to the notice of this Court the day-to-day investigation made by the police to trace the missing girl, which reads as under; “I submit that on 30.1.2011, I deputed a team in search of the missing girl and suspect to Yellarthy village, Holagunda Mandal, Kurnool district. The said team moved at all the probable places, but in vain. The search is being continued to trace out the missing girl and the suspect by setting up informants at the said village. On 2.2.2011 I moved in Molagavalli, Joharpuram, Aspari villages of Kurnool district in search of the missing girl and the suspect, but in vain. It is submitted that on 4.2.2011 and 5.2.2011 I along with my staff moved in Pathikonda and Mantralayam of Kurnool district and also contacted local police here and informed them with regard to the missing of the alleged detenu along with the suspect and sought their cooperation in search of her, but in vain. On 6.2.2011 I along with my staff moved in Muddanageri and Kurukunda villages of Kurnool district and caused enquiries with village elders and village servants with regard to the missing girl and the suspect, but in vain. On 10.2.2011, I along with my staff visited Kuruvalli, Agraharam and Hathibelagal of Kurnool district which are situated near the border of Karnataka state and caused enquiries with the village elders with regard to the missing of the alleged detenu along with the suspect and also set up informants at the said places to pass on the information, if any, in this regard. On 14.2.2011 , I along with my staff visited Hyderabad and moved all the probable places, but in vain. On 16.2.2011 I along with my staff visited Pedda Hothur, Holebeedu, Thummalabedu, bordering villages of Karnataka state, but in vain. On 17.2.2011, I deputed PC 2242 to Adoni and Kurnool to trace the missing girl and suspect and the said police constable searched Adoni and Kurnool towns and also contacted local Station House Officers and informed them with regard to the missing girl and suspect and sought their cooperation in tracing them, but in vain. On 19.2.2011 , I deputed PC 523, 3159 in search of the missing girl and the suspect. The said team searched the Hagiri, Moka, Tekkalikota, Sirigiri of Karnataka state and Gooty, Guntakal, Kasapuram of Anantapur district, but in vain. It is submitted that sincere efforts were made and the efforts are still continuing to trace the alleged detenu and the suspect. ………….. The investigation also revealed that the said suspect is also missing since 8.12.2010. It is submitted that during the course of investigation, the parents of the suspect were examined and their complicity in the missing of the missing girl and suspect is not established. It is submitted that parents of the suspect are also not aware of the present whereabouts of the suspect and the missing girl. It is submitted that the efforts are still continuing to trace the suspect and the missing girl. As and when they are traced they shall be produced before the Court.” In view of the above, it cannot be said that there is no seriousness on the part of the police in searching the missing girl or that the concerned police has not made efforts to trace the missing girl. It is clear that the concerned police has taken all plausible steps to trace the missing girl and the suspect and there is no reason to suspect their bonafides. Having regard to the fact that the investigation is going on and police are making their efforts to trace the missing girl and the suspect, we see no reason to keep the writ petition pending. Accordingly, the writ petition is closed directing the respondents 2 and 3 to continue the search to trace out the missing girl and on tracing them, produce them before the concerned Court in accordance with law. No costs. ________________ V ESWARAIAH,J ____________________ V SURI APPA RAO,J DATE: 9.3.2011 TVK THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE V SURI APPA RAO Writ Petition No. 442 of 2011 DT.9.3.2011