THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.22794 of 2009 Date: 29.03.2010 Between : Soladasi Peter … Petitioner and The Superintendent of Police, West Godavari at Eluru and others. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.22794 of 2009 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent Nos.1 to 4. 2. The grievance of the petitioner in this writ petition is that his father-in-law viz., Sri Kolati Ananda Rao, s/o. K.Venkanna, aged about 50 years, resident of Appicheruvu, Hamlet of Penumandam village, Poduru Mandal, West Godavari District, is found missing since more than a year ago and, therefore, seeks a direction to respondent Nos.1 to 4 to produce the detenu before this Court. 3. Counter and additional affidavit has been filed by the third respondent-Circle Inspector of Police, Palakol, West Godavari District, stating inter alia that basing on the complaint dated 24.9.2009 lodged by he petitioner a case in Crime No.91 of 2009 was registered under the head “Man Missing” of Poduru Police Station, Palakol Circle, West Godavari District. It is stated that the Protector of Emigrants Officer sent a Fax message on 19.3.2010 giving full particulars of the whereabouts of the alleged detenu. From the said particulars, it appears that the alleged detenu had applied for Passport on 18.9.2008 and traveled to the Kingdom of Saudi Arabia through Safiya Travels, Regd. No.703/BOM/PART/10000PLUS/3/4151/84, on Visa No.1101473380 to work as Mason Assistant for one Mr.Saad Abdulla Hamdan Al Haseemi. 4. From the above particulars, it is abundantly clear that the alleged detenu had applied for Passport and left for UAE to work as Mason Assistant and the same has been confirmed by the Safiya Travels. Further more, what is to be noticed is that the alleged detenu left to foreign country on his own volition and, therefore, the question of illegal or forcible confinement by anybody does not arise. Therefore, the relief sought by the petitioner for production of the alleged detenu by respondent Nos.1 to 4 is unwarranted. 5. Having regard to the facts stated in the counter affidavit, the question of illegal detention does not arise. There are no merits in the writ petition and the same is liable to be dismissed. 6. Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE RAJA ELANGO 29.03.2010. Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.22794 of 2009 29.03.2010 (Msr)