IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE 10th DAY OF NOVEMBER, TWO THOUSAND AND ELEVEN PRESENT HON'BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION Nos.25127 AND 25130 OF 2011 Between: S.Geeta and another … Petitioners And The State of A.P., Rep. by s.p., Nalgonda and others … Respondents This Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITON Nos.25127 AND 25130 of 2011 COMMON ORDER: (per the Hon’ble Sri Justice A.Gopal Reddy) These two writ petitions are filed by the wives of the alleged detenues viz., T.Kumar and J.Soundar Rajan, for issuance of a writ of Habeas Corpus contending that the alleged detenues hails from Tamilnadu and they were working as drivers in a Lorry Transport Company at Sankagiri, Salem District with the owner. While so, on 29.05.2011, both the detenues went on duty and carried a load of Gypsum in a truck bearing No.KA09B0321 (Ashok Leyland 10 tyres) from Ambalamedu, Kerala to Sree Jaya Jyothi Cements Limited, Sathu Ramasamy Nagar, Yanakandla Village, Banganapalle Mandal, Kurnool District. After unloading of the above material, cement bags were loaded in the said vehicle on 01.06.2011, which has to be transported to Coimbatore in Tamilnadu and supposed to reach Coimbatore in the evening hours of 02.06.2011. But the said truck did not reach the destination. Since then the drivers i.e., the alleged detenues along with the lorry were missing. On the owner of the lorry lodging a complaint, a case in crime No.69 of 2011 was registered by the Banganapalle Police on 05.06.2011 and investigation was taken up. Alleging that the detenues are in illegal detention, the present writ petitions are filed. The 3rd respondent filed a counter stating that on registration of the crime, during the course of investigation it is revealed that the drivers of the missing vehicle are natives of Billivattam village, Tirupathur taluk, Vellore district, Tamilnadu State. Further, the call particulars of the alleged detenue No.2 viz., J.Soundar Rajan reveals that he contacted one mobile bearing No.09449589497 which belongs to an Advocate of Chamarajanagar of Karnataka State. On contacting the said Advocate, it came to light that the alleged detenue No.2 is an accused in crime No.1 of 2007 registered under Sections 279 and 304- A IPC of East Police Station, Chamarajanagar P.S. and the said case is pending trial on the file of Additional Civil Judge, Chamarajanagar vide C.C.No.929 of 2007. The alleged detenu No.2 appeared before the Court on 13.07.2011 and obtained an order for his exemption, which itself shows that he has not been in illegal detention. With regard to detenue No.2 viz., T.Kumar, the police are still investigating to know the whereabouts of the said person. Since the police have already registered a crime and investigating into the said crime and when the detenues are not in illegal detention and absconded with the lorry and the cement bags, issuance of a writ of Habeas Corpus for their production does not arise. The police are directed to complete the investigation and file the report before the appropriate court by forwarding a copy of the same to the petitioners. The Writ Petitions are, accordingly, dismissed. There shall be no order as to costs. ______________________ A. GOPAL REDDY, J ___________________ R. KANTHA RAO, J 10th November, 2011. lmv HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION Nos.25127 and 25130 of 2011 10-11-2011 lmv