IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JUNE 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 NO : 22310 of 2007 Between: Padala Nageswara Rao S/o.Pedda Appa Rao, Mason, P.L.Puram Village, Payakaraopet Mandal, Visakhapatnam District-531 126 ..... PETITIONER AND 1 The Station House Officer, Payakaraopet Police Station, Visakhapatnam District. 2 The Superintendent of Police, Visakhapatnam District at Visakhapatnam. 3 The District Collector, Visakhapatnam District at Visakhapatnam. 4 The Director General of Police, Government of Andhra Pradesh, Hyderabad. 5 The Government of Andhra Pradesh, Rep. by its Prl. Secretary, Home Department, Secretariat, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that for the reasons stated in the "Petition" dated 31-08-2007 sent by the Petitioner herein, this Hon'ble Court may be pleased to issue an Order, direction, or a Writ, more particularly one in the nature of Writ of Mandamus call for the records and remarks from the Respondents herein in and connected to (i) missing of Petitioner's son herein namely, Padala Jogi Venkata Apparao, aged (16) years, student of intermediate at Siddartha Junior College, Tuni, from 04-08-2006, while he alongwith his friends went to Nagam Rambabu Street to witness a quarrel with regard to passage; (ii) kidnapping of Petitioner's son, by Kommoju Krishna, S/o. Apparao, Carpenter of the same village as he demanded ransom for release of Petitioner's son through a middle man of the Petitioner by name Nagam Nageswara Rao, S/o. Subba Rao of P.L. Puram Village and that the Petitioner's son is in the custody of the said K. Krishna at Hyderabad; (iii) action of the police on the complaint lodged by the Petitioner on 26-08-2006, which was registered vide FIR No. 96 of 2006 of Payakaraopet Police Station; and this Hon'ble Court may be pleased to pass appropriate orders directing the Respondents to probe into the matter; launch criminal proceedings against the said Kommoju Krishna, his accomplices for kidnapping the Petitioner's son and subjecting the Petitioner to torture and to trace out and hand over the son to the Petitioner herein in interest of justice and to pass such other order or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. 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 TAKEN UP WRIT PETITION No.22310 of 2007 ORDER: (per THE HON’BLE SRI JUSTICE K.C.BHANU) This writ petition is taken up basing on the petition, dated 31.08.2007, made by the petitioner about the missing of his son by name Padala Jogi Venkata Apparao, aged about 16 years, from the evening of 04.08.2006 and seeks to direct the respondents to probe into the matter and such other reliefs. The complaint lodged by the petitioner on 26.08.2006, with regard to missing of his son was registered as a case in Crime No.96 of 2006 of Payakaraopet Police Station. It was alleged in the said petition that one Kommoju Krishna is suspected to have kidnapped the said boy. In response to the notice issued by this Court, the Sub-Inspector of Police, Payakaraopet Police Station, Visakhapatnam, filed a status report stating that there was no enmity between the petitioner and the suspected person-Kommoju Krishna, who is now working as a Carpenter at Dubai and that the Police are making all efforts to trace the said missing boy. In view of the allegations made in the petition made by the petitioner and the statements made in the counter affidavit filed by the first respondent, on 12.11.2007, this Court granted four weeks time to complete the investigation and file the report, as contemplated under Section 173 of the Code of Criminal Procedure and further, on 29.11.2007, this Court directed the Police to make all efforts in the matter and file a report. Now, learned Assistant Government Pleader, representing the learned Advocate General, submits that the investigation is not yet been completed and the Police has not filed the charge sheet as of today and seeks further time of four weeks for filing a report. In view of the averments made in the counter, and as the investigation is still in progress, we deem it fit to grant four weeks time to complete the investigation and file a final report before the Magistrate concerned under Section 173 Cr.P.C. With the above directions, the writ petition is closed, at the stage of admission. However, there shall be no order as to costs. _______________ D.S.R.VARMA, J ______________ K.C.BHANU, J 09.06.2008 dr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Payakaraopet Police Station, Visakhapatnam District. 2 The Superintendent of Police, Visakhapatnam District at Visakhapatnam. 3 The District Collector, Visakhapatnam District at Visakhapatnam. 4 The Director General of Police, Government of Andhra Pradesh, Hyderabad. 5 The Government of Andhra Pradesh, Rep. by its Prl. Secretary, Home Department, Secretariat, Hyderabad. 6 2CCs to Advocate General, High Court of A.P., Hyderabad. (OUT) 7 2CD copies