IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 4586 of 2008 Between: Veronica, Well Wisher of Natacha, Secunderabad. ..... PETITIONER AND 1 The Station House Officer, Puttaparthi, Ananthapur District. 2 The Superintendent of Police, Ananthapur District. 3 The District Collector, Ananthapur District. 4 The Director General of Police, Hyderabad. 5 Government of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad. 6 The Government of India, Ministry of Home Affairs, New Delhi, Rep. by its Secretary. .....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 "Fax Message" dated 26-02-2008 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 calling for the remarks and in connected to (i) missing of Ms. Natacha Catharina Martins Domingves Das Silva, aged 23 years, citizen of Portugal from Puttaparthi from 3-11-2007, who is on a visit to Puttaparthi.; and this Hon'ble Court may be pleased to issue necessary directions to the concerned to probe into the matter, trace out the missing person and produce her before the Hon'ble Court and to pass such other order/ Orders on the this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: FAX MESSAGE Counsel for the Respondents: GP FOR HOME The Court at the stage of admission made the following : ORDER: (per Sri A. Gopal Reddy, J) Fax message dated 26-02-2008 sent by the petitioner to the Hon’ble the Chief Justice has been taken up as a writ petition. In the fax message, it is alleged that one lady by name Ms. Natacha Catharina Martins Domingves Das Silva, who is a national of Portugal and came to visit Puttaparthy is missing since 3-11-2007. It is further stated that she came to Puttaparthy to visit Satya Saibaba and while she is staying there, the local police have taken her into their custody and since then, her whereabouts are not known. Learned Government Pleader for Home produced letter dated 11-03-2008 addressed by the Inspector of Police, Puttaparthy Urban Police Station to the Government Pleader along with Photostat copy of the judgment in C.C No. 1 of 2008 on the file of the learned Judicial First Class Magistrate, Penukonda which discloses that the alleged detenue came India on multiple entry tourist VISA and stayed for three weeks at Puttaparthy, that she went to her country and came back to Puttaparthy on multiple entry tourist VISA again and stayed from 16-6-2006 to 15-12-2006 and left to Nepal on 14-12-2006 and again came back to India and stayed at Puttaparthy from 22-12-2006 to 22-6-2007 and got extension for one month till 22-7-2007. She has to leave India by 31-7-2007 as per the orders of Ministry of Home Affairs, New Delhi vide U.No.1237/07/F-VII, dated 23-7-2007 and though the same has been expired, she was continuously staying unauthorisedly without any valid VISA. Therefore, Inspector of Police arrested her and later, filed a charge sheet before the Judicial First Class Magistrate, Penukonda. The learned Magistrate in C.C No. 1 of 2008 on her admission convicted under Section 14 of Foreigners Act on 04-03-2008 and sentenced her to undergo Simple Imprisonment for a period of four months and to pay a fine of Rs.1,000/-. In view of sentencing the alleged detenue through lawful orders, we do not find any merit in the allegation of the petitioner regarding illegal detention by the police. The writ petition is accordingly dismissed. A.GOPAL REDDY, J B.SESHASAYANA REDDY, J 24-03-2008 ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Puttaparthi, Ananthapur District. 2 The Superintendent of Police, Ananthapur District. 3 The District Collector, Ananthapur District. 4 The Director General of Police, Hyderabad. 5 Principal Secretary, Government of Andhra Pradesh, Home Department, Secretariat, Hyderabad. 6 Secretary, the Government of India, Ministry of Home Affairs, New Delhi. 7 2 CCs to the Advocate General, High Court of Andhra Pradesh, Hyderabad (OUT). 7 2 CD copies