IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.23170 of 2008 Between: Md. Qamaruddin Khan S/o. Md. Amjad Ali Khan R/o.19-3-232, Jahanuma, Hyderabad. ..... PETITIONER AND 1 The Govt. of A.P. rep. by its Principal Secretary, Home Department, Hyderabad. 2 The Commissioner of Police, Cyberabad, Ranga Reddy District. 3 The Asst. Commissioner of Police, Rajendranagar P.S., Cyberabad, Ranga Reddy District. 4 The Station House Officer, Rajendranagar P.S., Cyberabad, Ranga Reddy District. 5 Mrs. Raeas Sulthana W/o. Fayaz Mohammed R/o. Jalal Baba Nagar, Bhoopal Nagar, Rajandernagar, Ranga Reddy District. 6 Mohammed Akbar S/o. Fayaz Mohammed R/o. Jalal Baba Nagar, Bhoopal Nagar, Rajandernagar, Ranga Reddy District. 7 Mohammed Fazal S/o. Fayaz Mohammed R/o. Jalal Baba Nagar, Bhoopal Nagar, Rajandernagar, Ranga Reddy District. 8 Mohammed Ibrahim S/o. Fayaz Mohammed R/o. Jalal Baba Nagar, Bhoopal Nagar, Rajandernagar, Ranga Reddy District. .....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 an appropriate writ, order or direction more particularly one in the nature of writ of Habeas Corpus, directing respondents No.1 to 4 herein to produce the missing person Fayaz Mohammed S/o. Noor Mohammed, age: 65 years, resident of Jalal Baba Nagar, Bhoopal Nagar, Rajendranagar, Ranga Reddy District, before this Hon'ble Court Counsel for the Petitioner: MR.SITARAM P. GOGINENI Counsel for the Respondent Nos.1 to 4: THE ADVOCATE GENERAL Counsel for the Respondent Nos.5 to 8: THE ADVOCATE GENERAL The Court made the following : THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.23170 of 2008 ORDER (Per the Hon’ble Sri Justice A.Gopal Reddy): By means of filing this writ petition under Article 226 of t Constitution of India, the petitioner seeks a writ of Habeas Corpus f production of the missing person-Fayaz Mohammed, S/o.Noor Mohamme aged 65 years, resident of Jalal Baba Nagar, Bhoopal Nagar, Rajend Nagar, Ranga Reddy District, before this Court. The petitioner is the brother-in-law of the alleged missing perso According to the petitioner, his brother-in-law left the house of responden 5 to 8 on 24.12.2007 at about 4.30 p.m and did not return thereafte Though the son of the alleged missing person lodged a complaint with t Police, Rajendranagar Police Station, Cyberabad, no steps have bee taken by them to know the whereabouts of the alleged missing perso Hence, this writ petition. The fourth respondent- the Inspector of Police, Rajendranagar Poli Station, Cyberabad filed a counter-affidavit stating that on 29.01.2008 o Mohd.Akbar, S/o.Fayaz Mohammad lodged a complaint stating that o 24.01.2008 at about 4.30 p.m., his father left the house and did not retur Based on the said complaint, a case in Crime No.110 of 2008 w registered under the head ‘man missing’ and investigation was taken u During the course of investigation, the Investigating Officer visited t house of respondents 5 to 8 and came to know that the missing person w in the habit of heavily intoxicating and used to create nuisance in drunke state by loudly singing songs in the locality. The investigation done so f reveals that after quarrelling with his wife and children on petty matters, t missing person used to disappear from the house for two to three days a again join them thereafter. Earlier in January, 2008, when the missi person left the house, his children brought him back. When t Investigating Officer examined one Jangaiah, R/o.Bhoopalnagar, he state that he along with one Yadagiri had seen the alleged missing perso traveling in an RTC Bus belonging to Parigi depot on 08.04.2008 and informed the same to the family members of the alleged missing person. O such information, the children of the alleged missing person went to Par and searched for him, but they could not trace him. In the counter-affidav it is further stated that investigation is still going on. Having regard to the facts as narrated by the fourth respondent in h counter-affidavit and since the missing person is in the habit of leaving t house on quarrelling with the family members and did not return home, t police should complete the investigation within a period of three mont and file appropriate report before the concerned Court after due intimatio to the petitioner. During the course of investigation, if the whereabouts the alleged missing person are found to the Investigation Officer, he shou inform the same to the petitioner as well as the family members of t missing person. The writ petition is accordingly dismissed. A.GOPAL REDDY, J R. KANTHA RAO, J Date: 01.12.2008 va