IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B. CHANDRA KUMAR WRIT PETITION NO : 1118 of 2009 Between: Smt. Doli Padma @ Sujatha, W/o. Doli Ajaya Kumar, R/o. D.No. 13-1-11, Peon Basti, Singareni Colleries Head Office, Kothagudem, Khammam District. ..... PETITIONER AND 1 The Superintendent of Police, Khammam, Khammam District. 2 The Deputy Superintendent of Police Kothagudem, Khammam District. 3 The Station House Officer, Kothagudem I Town P.S., Khammam District. .....RESPONDENTS 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 appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Habeas Corpus, directing the respondents herein to trace out the husband of the petitioner viz., Doli Ajaya Kumar S/o. Mallaiah, aged 37 years, Coal Filler, Singareni Collieries PK-II Incline, Manuguru vide Employment Code NO. 2899798 and to produce him before this Hon'ble Court and to handover him to the petitioner herein, and to grant such other relief or reliefs Counsel for the Petitioner: MR.J.JANAKIRAMI REDDY Counsel for the Respondent No.: THE ADVOCATE GENERAL ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) The petitioner filed this writ petition for issuance of Writ of Habeas Corpus alleging that her husband, namely, Doli Ajaya Kumar, S/o. Mallaiah, is working as Coal Filler at Singareni Collieries PK-II Incline Manuguru vide Employment Code No.2899798. During the month of May 2005 herself and her children went to her parents house at Warangal to attend the marriage function of her brother. Her husband informed her that he would attend the function on 3.06.2005. But on 3.06.2005, her husband went to her in-laws house and informed them that he is going to Warangal to attend the marriage function, and since then, his whereabouts are not known. Accordingly, she lodged a written complaint before the third respondent Police Station on 7.07.2005 on which basis a case in Crime No.109 of 2005 has been registered and after investigation final report has been filed before the I Additional Judicial First Class Magistrate, Kottagudem, stating that the case was referred as undetected. In response to notice, the Sub-Inspector of Police, Kothagudem I Town Police Station, Khammam, the third respondent herein, filed counter affidavit stating that the alleged detenu is Accused No.1 in Crime No.24 of 2002 for the offence under Section 302 read with Section 34 IPC of Kothagudem I town Police Station, wherein a charge sheet has been filed on 20.02.2002 before the I Additional Judicial First Class Magistrate, Kothagudem, against the alleged detenu and another, namely, Kanakam Praveen and since then he is absconding only to evade conviction, if any, in the above crime. Since the alleged detenu is an accused in Crime No.24 of 2002 wherein the police laid the charge sheet, it cannot be said that the police have illegally detained the alleged detenu. Since based on the complaint lodged by the petitioner a crime was registered and final report has been filed before the Judicial First Class Magistrate, Kottagudem, the remedy for the petitioner is to file a protest petition before the Magistrate and on such protest petition being filed, the learned Magistrate can order reinvestigation of the said crime. Accordingly the Writ Petition is dismissed granting liberty to the petitioner to file a protest petition in the said crime before the concerned Magistrate. ___________________ (A.GOPAL REDDY, J.) ____________________ (B. CHANDRA KUMAR, J.) 5th February, 2009 Js.