IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER 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 Nos.14647 and 15142 of 2005 WRIT PETITION No.14647 of 2005 Between: M. Balamma W/o Srinivasulu @ Sinappa R/o Sangapalle Village, Gudupalli Mandal, Chittoor district ..... PETITIONER AND 1 State of Andhra Pradesh, rep by Principal Secretary Home Department, Secretariat, Hyderabad 2 The Superintendent of Police Chittoor District, Chittoor .....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 order or direction of Writ more particularly one in the nature of Writ of Mandamus by declaring the action of respondents is not to trace out my daughter named Gangamma as illegal, arbitrary and violative of Articles 19, 21 of the Constitution of India Consequently directing the respondents to investigate the case in Crime NO. 128 of 2004 of Gudipalli Police Station through CB., CID or not below the rank of DSP in order to trace out my daughter Gangamma and passed such other order or orders this Hon'ble may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: MR.CHALLA SRINIVASA REDDY Counsel for the Respondents: GP FOR HOME AND WRIT PETITION No.15142 of 2005 Between: Shilpa, C/o. Srinivasulu (Grandfather), Sanganapally Village, Gudipalli Mandal, Chittoor District. ..... PETITIONER AND 1 Sampath Kumar, Sub-Inspector of Police, Gudipalli Police Station, Gudipalli, Chittoor District. 2 The Superintendent of Police, Chittoor District at Chittoor. 3 The Director General of Police, Govt. of A.P., Hyderabad. 4 The Collector & District Magistrate, Chittoor District at Chittoor. 5 Samanthamma, Sanganapally Village, Gudipalli Mandal, Chittoor District. 6 Chinababu, S/o. Samanthamma, Sanganapally Village, Gudipalli Mandal, Chittoor 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 may be pleased to issue an Order, direction, or a writ, more particularly one in the nature of Writ of Mandamus to call for the records and remarks from the Respondents herein relating to (i) living of the mother of the Petitioner herein, Viz., Gangamma, a divorcee, as wife of one Chinababu, son of one Samanthamma, the Sarpanch of Sanganapally Village, Gudipally Mandal, Chittoor District, for 10 years, (ii) performing second marriage of Chinababu with another woman with the support of his mother Samanthamma, his brother and friends on 01-09-2004, (iii) taking away the mother of the Petitioner, Viz., Gangamma, who complained about performance of the second marriage, to the Police on 28- 08-2004, along with the Sarpanch Samanthamma, her sons, and others, by the Sub-Inspector of Police, Gudipalli Police Station on 29-08-2004 on the pretext of settlement of case in Police Station, (iv) driving out the grandmother of the Petitioner herein, who had been to Police Station to enquire about the mother of the Petitioner herein, Viz., Gangamma, by Sampath Kumar, Sub-Inspector of Police, of Gudipalli Police Station, (v) non-fulﬁllment of the promise to trace out the mother of the Petitioner herein, Viz., Gangamma, by the oﬃcials of the Collectorate of Chittoor District, and this Hon'ble Court is requested to pass appropriate orders directing the concerned authorities to trace out the Petitioner's mother, Gangamma, and inform the same to the Petitioner herein in the interest of Justice and to pass such other or further orders. Counsel for the Petitioner: PETITION Counsel for the Respondents: GP FOR HOME The Court made the following : THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION Nos.14647 and 15142 of 2005 COMMON ORAL ORDER: (per the HON’BLE SRI JUSTICE D.S.R.VARMA) Heard the learned Government Pleader for Home as well as learned counsel appearing for the petitioner in W.P.No.14647 of 2005. 2. Writ Petition No.15142 of 2005 is taken up, basing on a letter, dated 29.06.2005, addressed to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, by one Shilpa, resident of Hyderabad, stating that, on 29.08.2004, the Sub- Inspector of Police, Gudipalli Police Station, Chittoor District, came to their village i.e., Sanganapally, Gudipalli Mandal, and picked up her mother by name Gangamma, and after that, her whereabouts are not known, in spite of their eﬀorts and hence, she prays to do the needful in this regard. 3. Writ Petition No.14647 of 2005 is ﬁled seeking to issue a writ of Mandamus declaring the action of the respondents in not tracing out the lady by name Gangamma as illegal and arbitrary, and consequently, to direct the respondents to investigate into Crime No.128 of 2004 of Gudipalle Police Station, through C.B.C.I.D. or not below the rank of Deputy Superintendent of Police. 4. Since the grievance ventilated in both the writ petitions is one and the same, they are heard together and disposed of by this common order. 5. The grievance in both the writ petitions is that the Police are not taking up the said case for investigation in a proper perspective and as a result, the whereabouts of the said missing lady could not be known. 6. In response to the notice, issued by this Court, respondent No.2-Superintendent of Police, Chittoor District, ﬁled a detailed counter-aﬃdavit detailing various steps that were taken to trace the said missing lady by name Gangamma. Subsequently, by virtue of the orders of this Court, permission was also sought for from the Judicial Magistrate for sending the accused by name Chinna Babu, who is no other than the husband of the said missing lady, to Narcotic Analysis test. Earlier to that, as per the directions of this Court, Polygraph test was conducted on the said accused by name Chinna Babu and the report is awaited. Subsequently, lie detection test was also conducted on him and the result of the said test was that his statement that he was not involved in committing the said crime appears to be true. The Forensic Science Laboratory reports were also sought for from either side. In these two reports, nothing did come out. It is further stated that a skull of an unidentiﬁed female person, which was found at Vellore of Tamilnadu State, on suspicion, was compared with the photo of the said missing lady, by the Scientiﬁc Assistant Grade-I and Grade-II, who opined that, both did not match with each other. 7. The counter- affidavits, filed by the respondent- investigating agency, would reveal that all reasonable steps have been taken by the Police to trace out the said missing lady, in addition to adopting the scientiﬁc methods, as stated above, despite which, the said missing lady could not be traced. 8. This appears to be a mysterious missing and in such circumstances, the contention of the learned counsel for the petitioner that there is total failure on the part of the investigating agency in tracing the said missing lady, cannot be accepted, particularly when various steps have been taken by the Police, as recorded above. 9. Therefore, we feel it expedient to close both the writ petitions with a direction to the Superintendent of Police, Chittoor District, to instruct the investigating agency and other oﬃcers concerned to intensify the investigation into the said crime, with utmost expedition, and report to this Court, through the Registrar (Judicial), as and when any positive result comes out. 10. With the above observations and directions, both the writ petitions are closed. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 04.09.2008 dr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 State of Andhra Pradesh, rep by Principal Secretary Home Department, Secretariat, Hyderabad 2 The Superintendent of Police Chittoor District, Chittoor 3 Sampath Kumar, Sub-Inspector of Police, Gudipalli Police Station, Gudipalli, Chittoor District. 4 The Superintendent of Police, Chittoor District at Chittoor. 5 The Director General of Police, Govt. of A.P., Hyderabad. 6 The Collector & District Magistrate, Chittoor District at Chittoor. 7 2CCs to Government Pleader for Home, High Court of A.P., Hyderabad (OUT) 8 2CD copies