IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 23239 of 2008 Between: P. Bharadwaja Sastry, M/s. IJM (India) Infrastructure Limited, Eraiyur (Village & Post), Perambalur District, Tamil Nadu - 621 133. ..... PETITIONER AND 1 The Station House Officer, Vijayawada. 2 The Commissioner of Police, Vijayawada. 3 The District Collector, Krishna District. 4 The Govt. of A.P., Rep. By its Principal Secretary, Home Department, Secretariat, Hyderabad. 5 The Director General of Police, D.G.P. Office, Hyderabad. .....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 For the reasons stated in the "Letter" dated 18-10-2008 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 from the Respondents herein in and connected to (i) missing of wife of the Petitioner herein viz., P. Satyabhama at Vijayawada; and (ii) action of the Respondents taken on the complaint made by the Petitioner on 03-10-2008; and This Hon'ble Court may be pleased to pass appropriate orders directing the Respondents herein to register the FIR and investigate into the matter and trace out the wife of the Petitioner and hand over her to the Petitioner 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 : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.23239 OF 2008 ORDER: (Per Hon’ble Sri Justice A.Gopal Reddy) This is a taken up writ petition on the basis of the letter addressed by the petitioner dated 18.10.2008 to the Hon’ble Chief Justice complaining that in spite of his lodging complaint with the Vijayawada Police for missing of his wife Smt.P.Satyabhama, no F.I.R. was registered by the police nor any investigation is made into the complaint allegations. The Sub-Inspector of Police, Krishna Lanka Police Station, Vijayawada, who is the investigating officer in the matter, filed an affidavit stating that on receipt of the complaint lodged by the petitioner dated 3.10.2008, which was received by post on 16.10.2008, a case in Crime No.472 of 2008 under the head of ‘Woman Missing’ was registered on the said date and investigation was taken up. During the course of investigation, he examined the parents, brother, sister and paternal uncle of the missing woman along with others and recorded their detailed statements under Section 161 Cr.P.C. It is stated that the investigating officer could not examine the petitioner herein as he was not available and promised to attend the station on 27.11.2008. It is stated that a special team was constituted for tracing the missing woman and look out notices were issued to all the concerned Station House Officers in Vijayawada City, paper publication was also issued on 22.11.2008 in newspapers about the missing woman. The investigating officer also deputed the staff to various Ashrams located in the surroundings of Vijayawada city in view of the allegation in the complaint that the missing woman left the house stating that she would join in an Ashram. Earlier, on the complaint lodged by the father of the missing woman, a case in Crime No.592 of 2003 was registered on 23.11.2003 and later it was closed as she was traced out. The petitioner addressed a letter to the first respondent on 19.11.2008 informing that he would attend the station during 26th to 28th of November, 2008 for the purpose of investigation. Since the petitioner himself is not cooperating with the investigating officer for recording his statement, he cannot complaint inaction on the part of the police. In view of the efforts being taken by the police as detailed in the affidavit, it is directed that as and when the petitioner comes forward to give his statement, the police should record his statement and complete the investigation and file necessary report before the competent Court having jurisdiction over the matter by duly communicating a copy of the report to the petitioner. The writ petition is dismissed with the above observations. No order as to costs. ________________ A. GOPAL REDDY, J. _______________________ DECEMBER 23, 2008 VILAS V. AFZULPURKAR, J. Tsr. Copy to: 1 The Station House Officer, Krishna Lanka P.S., Vijayawada. 2 The Commissioner of Police, Vijayawada. 3 The District Collector, Krishna District. 4 The Principal Secretary, Home Department, Secretariat, Hyderabad. 5 The Director General of Police, D.G.P. Office, Hyderabad. 6. T