IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST 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.10945 of 2008 Between: N. Aruna Jyothi W/o. Venkateshwarlu, R/o. H.No.9-4-51, Srinagar Colony, Karimnagar Proper and District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Principal Secretary to the Home Department, Secretariat Buildings, Hyderabad. 2 The Director General of Police, Hyderabad. 3 The Superintendent of Police, Karimnagar District, Karimnagar. 4 The Circle Inspector of Police, Karimnagar Circle, Karimnagar. 5 The Station House Officer, Karimnagar-II Town, Karimnagar. .....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 an order or direction more particularly one in the nature of writ of Habeas Corpus directing the respondents to produce my husband N. Venkateshwarlu, S/o. N. Narayana, aged 58 years, Occ: Sr.Assistant, Irrigation Department, R/o. H.No.9-4-51, Srinagar Colony, Karimnagar before this Hon'ble Court upon such produce be pleased to set free and to pass Counsel for the Petitioner : MR.K.VENUMADHAV Counsel for the Respondents : THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.10945 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 the respondents. 2. This Writ of Habeas Corpus is ﬁled by the petitioner seeking a direction to respondents to produce her husband viz., N.Venkateshwarlu, s/o. N.Narayana, aged 58 years, Senior Assistant, Irrigation Department, resident of H.No.9-4-51, Srinagar Colony, Karimnagar, before this Court and set him at liberty. 3. The grievance of the petitioner in this writ petition is that her husband has been missing since 04-03-2008 and despite the complaint made to the police, no proper action is being taken. Now, it is the grievance of the petitioner that when she approached the police, they are declining to take any action on the ground that since a writ petition had already been ﬁled before this Court about the missing of her husband there is nothing that the police can do. 4. A counter aﬃdavit has been ﬁled by the Sub-Inspector of Police, II Town Police Station, Karimnagar, representing the ﬁfth respondent herein, stating that a complaint had been lodged by the petitioner on 06-03-2008 stating that her husband, who was working as Senior Assistant in the oﬃce of S.R.S.P., LMD Colony, Thimmapur Mandal, Karimnagar District, left for attending the oﬃce, but did not return home and on enquiry in the oﬃce she came to know that on receiving a phone call at about 4-30 p.m., her husband left the oﬃce, that on the same day at about 4-55 p.m., her son received S.M.S. on his mobile No.98486 61022 stating that her husband left for Nizamabad on urgent work and would return in the midnight, that on 05-03-2008 at about 8-30 hours, they received a phone call from her husband from his mobile No.98484 33940 that he need Rs.4-00 Lakhs and asker the petitioner to take money from the relatives and send through their son to Hyderabad. It has been further stated by the petitioner that on making a phone call to the said number, it was found to be switched oﬀ, but her husband did not return home, that she made enquiries with all their relatives and friends, but of no use. Therefore, the complaint made by the petitioner was registered as Crime No.40 of 2008 under the head “Man Missing”. 5. It is further stated in the counter aﬃdavit that the descriptive particulars of the missing man was sent to all the Police Stations of Telangana region seeking clues, notices were also sent to the Police Stations in Karimnagar District and the neighbouring Police Stations, that he visited the oﬃce of the missing person and examined his colleagues as well as his relatives. It appears, all the colleagues and other people told that the missing man left the oﬃce at 4-30 p.m., on receiving a phone call. The counter aﬃdavit further reveals so many particulars as regards the incoming and outgoing calls of the petitioner’s cell phone, the details of which need not be referred to. 6. From the counter aﬃdavit, it appears that several steps have been taken and further eﬀorts are being made to trace the missing man. When such is the position, we are at a loss to understand that how the averment that the police are not cooperating in making eﬀorts to trace the missing man can be made. In spite of the best eﬀorts being made to trace the missing man since March, 2008 to till date, no fruitful results could be yield. 7. It is represented by the learned Assistant Government Pleader, representing the learned Advocate General, that eﬀorts are still going on to trace the missing man and denied the allegations of the petitioner that there has been no cooperation from the police. 8. From the elaborate counter aﬃdavit and the various steps that have been taken by the ﬁfth respondent police to trace the missing man, we deem it appropriate to close the writ petition with a direction to the Superintendent of Police, Karimnagar, to intensify the search of the missing man and as and when he is traced, the same may be reported to this Court through the Registrar (Judicial), High Court of Andhra Pradesh, Hyderabad, by way of filing ‘Status Report’, once in a month. 9. With the above observations and directions, the writ petition is closed, at the stage of admission. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 04-08-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Principal Secretary to Government, Home Department, Government of A.P., Secretariat Buildings, Hyderabad. 2 The Director General of Police, Hyderabad. 3 The Superintendent of Police, Karimnagar District, Karimnagar. 4 The Circle Inspector of Police, Karimnagar Circle, Karimnagar. 5 The Station House Officer, Karimnagar-II Town, Karimnagar. 6. The Registrar (Judicial), High Court of Andhra Pradesh, Hyderabad. 7. Two CCs to the Advocate General, Government of A.P., High Court Buildings, Hyderabad. (OUT). 8. Two C.D. copies. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.10945 of 2008 04-08-2008 (Msr)