IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JUNE 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 : 28496 of 2007 Between: K.Krishnaiah, C/o Mahabubnagar District, Palamoori Contract Labour Union 7-5-14/A, Venkateswara Colony, Mahabubnagar. ..... PETITIONER AND 1 The Station House officer, Chilkalaguda Police Station, Secunderabad. 2 The Commissioner of Police, Hyderabad City, Hyderabad. 3 The Superintendent, Gandhi Hospital, Secunderabad. 4 The District Collector, Hyderabad District at Hyderabad. 5 The Director General of Police, Govt.of A.P., Hyderabad. 6 The Govt.of A.P., represented by its Principal Secretary, Home Department, Secretariat, Hyderabad. 7 The Govt.of A.P., represented by its Prl.Secretary, Health, Medical and Family Welfare Department, Secretariat, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that for the reasons stated in the "Telegram" dated 26-12-2007 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 and connected to (i) treatment given to the father of the Petitioners herein namely Govindu by the doctors of Gandhi Hospital Secunderabad, who was admitted into the hospital on 7-4-2007 due to kidney disease; (ii) missing of the father of the Petitioner since 8-4-2007 from the Gandhi Hospital; (iii) action of the police of Chilakalguda Police Station, Secunderabad on the complaint made to them by the Petitioner herein on 14-4-2007 after registering it as FIR No. 269/2007. and this Hon'ble Court may be pleased to pass appropriate orders directing the concerned authorities to trace out the father of the Petitioners herein and take necessary action against persons/officials of the Gandhi Hospital for their negligence and to pass such other order or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case Counsel for the Petitioner:TELEGRAM Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.28496 of 2007 ORAL ORDER: (per THE HON’BLE SRI JUSTICE D.S.R.VARMA) Heard the learned Government Pleader for Home appearing for the respondents. 2. This writ petition is taken up on the basis of a telegram, dated 26.12.2007, sent to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, by one K.Krishnaiah, resident of Mahabubnagar alleging that owing to some ailment, his father, by name Govindu, was admitted in Gandhi Hospital, Secunderabad, on 07.04.2007. It appears, the said ailment is related to kidneys. Later on, he was found missing from the bed allotted to him in the hospital. Therefore, the petitioner prays to do the needful in this regard. 3. In response to the notice, issued by this Court, the first respondent-Sub-Inspector of Police, Chilkalaguda Police Station, filed counter-affidavit stating that the Police of Chilkalaguda Police Station, on the complaint made by the petitioner on 14.04.2007, registered a case in Crime No.269 of 2007 under the Head of Man Missing. A detailed account of the steps taken by them in order to trace the missing person was also given. An additional counter- affidavit has also been filed by the first respondent, at a later date, bringing to the notice of this Court the various steps taken by them in tracing the missing person. 4. From the contents of the counter-affidavits filed by the first respondent, it appears that various steps have been taken by the Police by way of distributing pamphlets, etc., in order to trace the missing person, but no clue is yet been found. 5. However, having regard to the various steps taken by the Police department, we deem it appropriate to close the writ petition with a direction to the Police Commissioner, Hyderabad, and also to the Station House Officer, Chilakalaguda Police Station, Secunderabad, to continue the steps to trace the missing person and report to this Court, through the Registrar (Judicial). The said report must be in the nature of a status report and the same shall be furnished once in every two months from now onwards, and further, as and when the missing person is traced, the same shall be informed to the petitioner as well as to this Court. 6. With the above observations and directions, the writ petition is closed, at the stage of admission. However, there shall be no order as to costs. _______________ D.S.R.VARMA, J ______________ K.C.BHANU, J 09.06.2008 dr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House officer, Chilkalaguda Police Station, Secunderabad. 2 The Commissioner of Police, Hyderabad City, Hyderabad. 3 The Superintendent, Gandhi Hospital, Secunderabad. 4 The District Collector, Hyderabad District at Hyderabad. 5 The Director General of Police, Govt.of A.P., Hyderabad. 6 the Govt.of A.P., represented by its Principal Secretary, Home Department, Secretariat, Hyderabad. 7 the Govt.of A.P., represented by its Prl.Secretary, Health, Medical and Family Welfare Department, Secretariat, Hyderabad. 8 2CCs to Advocate General, High Court of A.P., Hyderabad. (OUT) 9 2CD copies