IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 25228 of 2008 Between: M. Moses, S/o. Simon, R/o. H.No. 26-66, Prasad Nagar, Ibrahimpatnam, Vijayawada, Krishna District. ..... PETITIONER AND 1 The Commissioner of Police, Vijayawada City, Krishna District. 2 The Station House Officer, Ibrahimpatnam, P.S., Krishna District. .....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 to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Habeas Corpus, directing the respondents herein to investigate into Cr.No. 107/2008 and to trace out the sone of the petitioner viz., M. John Prabhakar, aged 30 years and produce him before this Hon'ble Court and handover him to the petitioner herein, and to pass Counsel for the Petitioner:MR.S.RAJA SEKHAR Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION NO.25228 OF 2008 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) By means of filing this writ petition under Article 226 of Constitution of India, petitioner seeks for issuance of a writ of habeas corpus for tracing out his son M.John Prabhakar by investigating into the Crime No.107 of 2008 and to produce him before this Court. According to the petitioner, on 11.4.2008 his son went to attend the nature of calls at V.T.P.S. Cooling Canal and did not return to home. On receipt of information, he searched for his son in the said canal through swimmers but as he was not found, he lodged a complaint with the police on 13.4.2008 on which basis, the 2nd respondent herein registered a case in Crime No.107 of 2008 as ‘Man Missing’. While so, the petitioner received calls from various mobile phones to his son’s mobile from 21.5.2008 to 14.6.2008 and so, he suspected that due to the disputes between him and one Mr.Gotru Paul, Gotru Kumari, Kanakavalli Padma and Kanakavalli Andria who abused him and made attempts to beat him at the instance of one Mr. Matta Rajendraprasad in connection with the affairs of the Church, his son might have been kidnapped by them. Even though the said fact was brought to the notice of the 2nd respondent, so far, there is no progress in the investigation and he apprehends danger to the life of his son. In response to the notice, the 2nd respondent filed an affidavit detailing the progress made in the investigation on registration of the crime, which reveals that on examining the nephew of the alleged detenu, he stated that his mother received a phone call from some unknown person through the cell phone of the alleged detenu which was lying on the bund of the canal, informing that the alleged detenu fell down into the canal. On such information, the nephew of the alleged detenu along with his friends went to Bhavanipuram canal on 11.4.2008 and noticed the motor cycle, helmet etc. belonging to the alleged detenu lying on the canal bund and on enquiring the boys who were playing around, they informed that they heard a noise and felt that someone might have fell down into the canal. On that, the nephew of the alleged detenu, brought the professional swimmers and made them search all through the canal, but in vain. Learned Government Pleader submits that the persons, whom the petitioner suspected, were also examined during the course of investigation and they were now sent to polygraph test. Further, the General Dairy produced by the respondents also discloses that the police are relentlessly making efforts to trace out the missing son of the petitioner. In view of the above, the second respondent is hereby directed to complete the investigation and file appropriate report before the jurisdictional Magistrate with due intimation to the petitioner about the outcome of the investigation, within a period of three (3) months from the date of receipt of a copy of this order. With the above observations, the writ petition is disposed of. There shall be no order as to costs. _________________ (A. GOPAL REDDY, J.) _______________ (R. KANTHA RAO, J.) DECEMBER 10, 2008 TSR Copy To: 1 The Commissioner of Police, Vijayawada City, Krishna District. 2 The Station House Officer, Ibrahimpatnam, P.S., Krishna District. 3. C.C. to Advocate General, High Court Buildings, High Court (OUT) 4. Two C.D.Copies.