IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF OCTOBER 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 : 3215 of 2008 Between: G. Ramchander, S/o. G. Satyanarayana, R/o. H.No. 13-5/1, Suryanagar Colony, Near Railway Bridge, Mallapur, Nacharam, Hyderabad. ..... PETITIONER AND 1 The Commissioner of Police, Cyberabad, Basheerbagh, Hyderabad. 2 The Station House Officer, Police Station, Mallapur, Nacharam, Hyderabad. .....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 pass an order or direction more particularly one in the nature of Writ of Habeas Corpus directing the respondents herein to produce the son of Petitioner G. Mahesh S/o. G. Ramchander, aged 27 Years, Occ: Fitter, who was missing from 28-9-2007 at Hyderabad, A.P., before this Hon'ble Court and set him at liberty. Counsel for the Petitioner:MRSG.UMA RANI Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) This is a writ of Habeas Corpus filed by the father of G. Mahesh complaining that his son is missing from 28.9.2007. Counter affidavit filed by the Inspector of Police, Nacharam Police, Station, second respondent herein discloses that the petitioner lodged a complaint on 6.10.2007 stating that from 28.9.2007 his son Mahesh left the residence and did not return and though he searched for the whereabouts of his son at his friends and relatives’ houses, but could not find him. During the course of investigation, on 5.2.2008 the wife of the alleged detenu Swapna approached the second respondent and informed that the petitioner and his wife have the knowledge of whereabouts of the alleged detenu and they have purposefully lodged the above complaint before the police complaining that their son is missing. Later, when he called the petitioner and his family members to the Police Station on 5.2.2008, the petitioner promised that he would search for his son and produce him within 15 days. The investigation also revealed that the marriage of the alleged detenu took place with Swapna on 9.5.2007 and since then the petitioner and his family members harassed the wife of alleged detenu and hence, she left the house of her in-laws on 29.9.2007 and has been residing with her parents. It is stated that the investigation revealed that the petitioner and his wife are aware of whereabouts of the alleged detenu. In view of the assertions made in the counter affidavit, it is not a fit case where this Court can exercise the jurisdiction for issuing a writ of Habeas Corpus. It is needless to say that police are bound to complete the investigation and can also register a counter case on the basis of statement made by Swapna, the wife of alleged detenu about the illegal confinement of her husband by his parents and file appropriate report before the competent Court. The writ petition is dismissed with the above observations. No costs. ________________ A. GOPAL REDDY, J. _______________________ B.SESHASAYANA REDDY, J. 10.03.2008 Tsr. To 1 The Commissioner of Police, Cyberabad, Basheerbagh, Hyderabad. 2 The Station House Officer, Police Station, Mallapur, Nacharam, Hyderabad. 3 Two C.Cs. to G.P. for Home, High Court Buildings, (OUT) 4. Two C.D. copies.