IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY 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.9525 of 2008 Between: Kadari Chinna Rajaiah, S/o. Pochaiah, R/o. Sirsa, H/o. Mutthampet Village of Koutala Mandal, Adilabad District. ..... PETITIONER AND 1 The State of Andhra Pradesh, Through Principal Secretary Home, Secretariat Buildings, Hyderabad. 2 The Superintendent of Police, District Adilabad, A.P. 3 The Station House Officer, Kowtala Police Station, Kowtala Mandal, Adilabad District, A.P. .....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 a writ, order or direction, more particularly a writ of habeas corpus directing the respondents to produce the body of the "missing boy" (Master Kadari Shankari) and declare the inaction of the Respondent in Crime NO.11/08 on the file of the third respondent is arbitrary, illegal, null and void and against the fundamental and constitutional rights of the petitioner, in the interest of justice and equity, or pass any other order or orders. Counsel for the Petitioner : MR.MOHAMMED RAHAIL AHMED 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.9525 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 the respondents to produce the body of the missing boy viz., Master Kadari Shankari and declare the inaction of the respondent in Crime No.11 of 2008 on the file of the third respondent is arbitrary and illegal. 3. Pursuant to the notices issued by this Court, the Sub-Inspector of Police, Kowtala Police Station, Adilabad District, representing the third respondent herein, filed a counter affidavit, stating inter alia that a complaint has been lodged by the petitioner that his son was found missing from the camp of Egge Savitha and he has been suspecting her and her family members. Basing on the said complaint, a case in Crime No.11 of 2008 under the head “Boy Missing” was registered and took up investigation. In that process, he visited the village of the petitioner and recorded his detailed statement and on the same day i.e., on 25-02-2008 a Radio Message was also flashed to all the Police Stations in Adilabad District. It is further stated that he visited the scene of offence and examined two independent witnesses, namely Kondu Shankar and Chowdary Shankar, who saw the missing boy on 09-02-2008 while going to his native place. It is also stated that on the same day he interrogated the alleged suspects, namely Egge Savitha, Narige Shankari, Gopa Rajaiah, Gopa Sayakka and Narige Rajakka and a report was prepared to that effect, wherein all the suspects have denied their involvement in the case of missing boy. Similarly, several other steps that have been taken by the police have also been furnished in the counter affidavit. 4. A final report, as directed by this Court, has also been filed, which gives a categorical account of various steps that have been taken and the persons examined in detail. 5. In view of the said final report as well as the categorical statement made in the counter affidavit, we are of the view that the respondents have taken all reasonable steps and have been taking further steps in tracing out the alleged missing boy. 6. Therefore, suffice to close the writ petition with a direction to the Superintendent of Police, Adilabad District, to intensify the investigation as regards the alleged missing boy and report to the Registrar (Judicial), High Court of Andhra Pradesh, Hyderabad, as and when any further information as regards the alleged missing boy is gathered. 7. 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 10-07-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Principal Secretary to Government, Home Department, Secretariat Buildings, Hyderabad. 2 The Superintendent of Police, Adilabad District, Adilabad. 3 The Station House Officer, Kowtala Police Station, Kowtala Mandal, Adilabad District. 4. Two CCs to the Advocate General, Government of A.P., High Court Buildings, Hyderabad. (OUT). 5. 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.9525 of 2008 10-07-2008 (Msr)