IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B. CHANDRA KUMAR WRIT PETITION NO : 626 of 2009 Between: Smt. Parasa Santhi, W/o. Ravi Kumar, R/o. Ullipalem of Pothepalli Panchayat, Machilipatnam Mandal, Krishna District. ..... PETITIONER AND 1 The Station House Officer, Machilipatnam, Krishna District. 2 The Inspector of Police, Krishna District. 3 The Superintendent of Police, Krishna District. 4 The Deputy Inspector General of Police, Krishna District. 5 The Director General of Police, Govt. of A.P., Hyderabad. 6 The Govt. of A.P., Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad. .....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 for the reasons stated in the "Letter" dated 06-01-2009 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 to call for the records and remarks if any from Respondents herein in and connected to (i) missing of Petitioner's husband namely Parasa Ravi Kumar from 24-09-2008; (ii) action of the Respondents 1 to 3 on the complaint of the Petitioner dated 06-01-2009; and this Hon'ble Court may be pleased to issue necessary directions to the concerned to probe into the matter and trace out the missing person and to pass such other 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 Respondent No.: GP FOR HOME The Court made the following : ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) This writ petition is taken up on the basis of the letter dated 06.01.2009, sent by the petitioner to the Hon’ble the Chief Justice alleging that her husband, namely, Parasa Ravi Kumar, who was working as a lorry driver under Sri Vikkurthi Ramamohana Rao of Ayyappanagar, Vijayawada, proceeded to Calcutta on duty on 20.09.2008 and since then she could not contact him and his whereabouts are not known. In response to the notice, the Sub-Inspector of Police, Bandar Taluk Police Station, Krishna District, the first respondent herein filed counter affidavit stating that on receipt of notice, the Police of Bandar Rural Police Station secured the presence of the petitioner, and on enquiry about the contents of the letter and the particulars of her husband, she stated that as per the advise given by the advocate viz., Kagitha Tilak, Machilipatnam, she sent the above letter, and she did not give any report in any police station about the death of her husband. When the police contacted the owner of the lorry Sri Vikkurthi Rama Mohana Rao and enquired him, it is came to the light that the alleged detenu, who is the driver of his lorry, un-loaded the material at Assam and from there he loaded ‘Jute Bails’ to Kolkotta. On information given by the cleaner Pandu, he came to know that on the way to Kolkatta, on Kolkatta-New Delhi Highway, in the early hours of 24.08.2008 between 3.00 a.m., to 4.00 a.m., the lorry met with an accident and the alleged detenu died on the spot and a case was registered by the Singoor Police. He immediately contacted the relatives of the alleged detenu and informed about the incident. After arrival of the mother, mother-in-law, father-in-law of the alleged detenu and another two persons, they went to the Singoor Police Station and identified the dead body as that of the alleged detenu and attended the inquest and post mortem examination and after completion of all the formalities, the dead body was handed over to the brother of the alleged detenu, who buried the dead body there itself in the presence of the relatives. Later, the said fact was also made known to the petitioner. Having regard to the submissions made in the counter affidavit, no cause survives in this writ petition for adjudication. Accordingly, the Writ Petition is dismissed. However, the petitioner is at liberty to avail the remedies for payment of compensation due to the death of her husband in a motor accident, before the appropriate Court. Accordingly, the Writ Petition is dismissed at the admission stage. ___________________ (A.GOPAL REDDY, J.) ____________________ (B. CHANDRA KUMAR, J.) 5th February, 2009 Js.