IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 23589 of 2008 Between: Shiga Jangamma W/o. Late Ramulu R/o. Gonaboyinapalli, Dindi Mandal, Nalgonda District, A.P. ..... PETITIONER AND 1 State of Andhra Pradesh, rep. by its Prinicpal Secretary Home Dept., Secretariat, Hyderbad. 2 Director General Of Police, Government of A.P., Saifabad, Hyderabad. 3 Deputy Commissioner Of Police, Incharge of Musheerabad Area, Hyderabad. 4 Inspector of Police, Musheerabad P.S., Hyderabad. 5 Manemma W/o. Ashirwadam R/o.1-7-135/8, Risalagadda, Musheerabad, Hyderabad / 500 020. 6 Ashirwadam S/o. Not known R/o.1-7-135/8, Risalagadda, Musheerabad, Hyderabad / 500 020. 7 Dr. Sarala W/o. Suresh R/o.1-7-135/8, Risalagadda, Musheerabad, Hyderabad / 500 020. 8 Suresh S/o. Not known R/o.1-7-135/8, Risalagadda, Musheerabad, Hyderabad / 500 020. .....RESPONDENT(S) 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 order, direction or writ more particularly the writ of habeas corpus, declaring the inaction of respondents 1 to 4 in restoring the petitioner's minor daughter to the custody of petitioner is illegal, arbitrary and violation of the Art. 21 of the constitution of India and consequently direct the respondents 2 to 4 to: (a) produce Rajitha minor daughter of the petitioner before this Honourable Court and restore her to the petitioner's custody and (b) to direct the 1st respondent to entrust the petitioners missing daughter Rajitha's case to C.B.C.I.D. and also to (c) direct the respondents pay just and reasonable lcompensation to the petititoner and here daugher Rajitha for depriving their fundamental right of freedom of life and liberty guaranteed under Art. 21 of the Constitution, as this Hon'ble Court may deem fit, (d) and pass further order or order Counsel for the Petitioner:MR.P.V.VENKATESWARA RAO Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No. 23589 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent Nos.1 to 4. 2. This Writ of Habeas Corpus is filed by the petitioner seeking a direction to the official respondents i.e., respondent Nos.1 to 4 to produce her minor daughter viz., Rajitha, who was allegedly in the illegal custody of respondent Nos.5 to 8 before this Court and also to entrust her missing daughter’s case to C.B.C.I.D. 3. The subject matter in this writ petition is almost a replication of the subject matter in Taken up W.P.No.23615 of 2005, dated 22.10.2007. 4. The facts, in brief, are that the minor daughter of the petitioner viz., Rajitha, aged 10 years, who has been engaged as servant maid under the custody of respondent Nos.5 to 8, was found missing. Accordingly, basing on the complaint lodged by the fifth respondent a case in Crime No.254 of 2005 under the head “Girl Missing” was registered on the file of Musheerabad Police Station. It appears, the petitioner also lodged a complaint with Musheerabad Police Station and the same has been registered as Crime No.281 of 2005 for the offence punishable under Section 3 (1)(x) of SC & ST (POA) Act, Section 342 I.P.C. and Section 14 of Child Labour (Prohibition and Regulation) Act on 23.9.2005. However, it is not material as to who made the complaint at the earliest point of time, inasmuch as the gap between these two complaints is very marginal. Further, it appears that the police, after conducting investigation, arrested respondent Nos.5 to 8 and produced them before the Magistrate concerned and they were sent to judicial custody. Thereafter, what had happened is not known and there is no clarity on that aspect. But the fact remains is that respondent Nos.5 to 8 have been apprehended and sent to judicial custody by the Magistrate concerned. 5. Subsequently, it appears that basing on a news item about missing of the girl under the caption “RAJITHA AACHUKI AMAINATTU?”, the same was suo-motu taken by this Court as Taken up W.P.No.23615 of 2005 and by order, dated 22.10.007, a Division Bench of this Court disposed of the said writ petition with a direction to the official respondents to continue investigation and intensify the efforts to trace out the whereabouts of the missing girl and file a necessary report after completion of investigation before the Magistrate concerned and as and when such report is filed, to intimate the same to the petitioner. 6. Pursuant to the said directions, it appears that the police had conducted investigation and filed a final report under Section 173 Cr.P.C. before the IX Metropolitan Magistrate, Hyderabad. Now, the grievance of the petitioner is that the said final report was not furnished to her. However, there is no proof in this regard. Nevertheless, the final report as per law has been filed before the Magistrate concerned. 7. However, having regard to the adjudication of the matter by this Court in the earlier round of litigation in Taken up W.P.No.23615 of 2005 and in view of filing of the final report before the Magistrate concerned, we do not see any reason or justification or necessity to re-direct the official respondents to investigate into the matter again for the simple reason that the investigation had already been conducted and final report also had been filed before the Magistrate concerned. Still, the petitioner is having any grievance, it is always open for him to avail the remedy as contemplated under Section 200 Cr.P.C. 8. With the above observations, the writ petition is closed, at the stage of admission. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE R.KANTHA RAO 23-06-2009. Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No. 23589 of 2008 23-06-2009 (Msr)