IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE D.S.R.VARMA and THE HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.14385 of 2009 Between: Punna Ramu S/o. Late Sattaiah R/o. H.No. 18-1-297/57, Shivaji Nagar, Uppuguda, Hyderabad. ..... PETITIONER AND 1 The State of A.P. Reptd. by its Secretary Home Department, Secretariat, Hyderabad. 2 The Superintendent of Police Ranga Reddy District Vikarabad, Ranga Reddy District. 3 The Station House Officer Shabad Police Station Ranga Reddy District. 4 Y. Narsimha S/o. Y. Ramalingam R/o. Sardar Nagar, Shabad Mandal, Ranga Reddy District. .....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 writ, order or direction more in the nature of Habeas Corpus or any other appropriate writ declaring the action of the respondent No.3 in not registering the complaint of the petitioner herein against the respondent No.4 who was illegal detained petitioner's sister Smt. Spandana aged about 23 years from as illegal, arbitrary, and contrary to the Art. 21 of the Constitution of India and consequently direct the respondents to produce petitioner's sister Smt. Spandana and handover to me forthwith. Counsel for the Petitioner:PARTY-IN-PERSON 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.14385 of 2009 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard the petitioner party-in-person as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent Nos.1 to 3. 2. The main grievance of the petitioner in this writ petition is that his sister viz., Smt. Spandana is not seen since 1.7.2009 and that his brother- in-law, who is the fourth respondent herein, is responsible for the missing of his sister. It is also his specific grievance that when he went to lodge a complaint to the Station House Officer, Shabad Police Station, Ranga Reddy District, who is the third respondent, the said complaint was neither registered nor any investigation is taken up. Therefore, he seeks a direction to respondent Nos.1 to 4 to produce his sister before this Court and set her at liberty. 3. A counter affidavit has been filed by the Sub-Inspector of Police, Shabad Police Station, Ranga Reddy District, representing the third respondent herein, stating that the petitioner did not approach their police station at all and lodged the complaint. Therefore, there was no occasion for them to investigate into the matter. 4. The explanation offered by the third respondent in the counter affidavit is not very convincing and satisfactory, because on the last occasion itself when the matter came to the notice of the third respondent, necessary steps ought to have been taken. But, no such steps under law have been taken so far. However, since a complaint is to be lodged before the police in order to set the law into motion and the same was not done, the police also could not proceed further to investigate into the matter. Therefore, the third respondent cannot be subjected to further criticism. 5. Therefore, having regard to the facts and circumstances, we feel it is expedient to close the writ petition with a direction to respondent No.3 to receive the complaint of the petitioner, if any, and register the same and investigate into the matter, forthwith. 6. With the above observations and direction, the writ petition is closed, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE R.KANTHA RAO 31-07-2009 Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.14385 of 2009 31-07-2009 (Msr)