IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST 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 : 5466 of 2008 Between: Smt. Gudali Tulasi Manemma, W/o. Viswanatha Rao, R/o. Varakavipudi, Thotapalli, Gudur Mandal, Nellore District. ..... PETITIONER AND 1 The Station House Officer, Thotapalli Police Station, Gudur Mandal, Nellore District. 2 The Superintendent of Police, Nellore District. 3 The District Collector, Nellore District. 4 The Director General of Police, A.P., Hyderabad. 5 The Principal Secretary, Home Department, Secretariat, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the Constitution of India praying for the reasons stated in the "Fax Message" dated 27-02-2008 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 call for the records and remarks from the Respondents herein in and connected to (i) missing of Mr. Gudali Kiran Kumar, son of Petitioner from 18-12-2007; (ii) pendency of house arrest case against the Petitioner, her both the sons - Nagesh and Kiran Kumar before the court at Atmakur; (iii) action of the Respondent authorities on the report dt. 05-01-2008 given by the Petitioner; and the Petitioner is apprehending that her son might have been killed by the relations of her daughter-in-law; and this Hon'ble Court may be pleased to direct the Respondent authorities to probe into the matter by conducting enquiry through C.B.C.I.D. and trace out her son and hand over to her and to pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: PETITION Counsel for the Respondents: GP FOR HOME The Court at the stage of admission made the following : ORDER: (per Sri B. Seshasayana Reddy, J) This is a taken up writ petition on the fax message dated 27- 02-2008 sent by Smt. Gudali Tulasi Manemma, wife of Viswanatha Rao, resident of Varakavipudi, Thotapalli, Gudur Mandal, Nellore District. The gist of the fax message is that her elder son Sreedhar married Anjana Laxmi, daughter of Perepi Anjaneyulu on 19-06-2002. Her daughter-in-law is a teacher and whereas her son- Sreedhar is an unemployee. Her daughter-in-law left the matrimonial home and went to parental house. Her daughter-in-law foisted a case on her, her sons Sreedhar and Kiran. The case is pending trial in Atmakur Court. On 17-12-2007 CPM party people called her and her sons at the instance of her daughter-in-law for compromise, to their party office. The talks did not materialize in bringing out compromise and thereupon people of her daughter-in-law threatened her that they are going to kill her third son Kiran Kumar. From 18-02- 2007 onwards her son Kiran Kumar is not be seen. Her complaints to the police to trace her son proved to be futile. She suspects her daughter-in-law P. Anjana Laxmi, her father – P. Anjaneyulu and her brother – P. Maruthi Prasad and one P. Suresh as responsible for missing her son. Notice has been issued to the respondents. In response, the Sub-Inspector of Police, Thotapalli Gudur Police Station, filed counter. It is stated in the counter that a case in Crime No. 8 of 2008 has been registered under the man missing on the complaint of the petitioner, dated 25-01-2008. During the course of investigation, the suspects have been summoned to the police station and their statements have been recorded under Section 161 Cr.P.C. The investigation so far revealed that the suspects have no role in the missing of the son of the petitioner. Para 6 of the counter affidavit reads as hereunder: “It is respectfully submitted that on 30.1.2008 I secured the presence of Perepu Maruthi Prasad who is suspected by the complainant/petitioner herein and his father Anjaneyulu and enquired with them thoroughly. In the enquiry, the suspected person Maruthi Prasad stated that his fourth elder sister Anjanalakshmi was given in marriage with one Sridhar (the son of the petitioner herein) and at the time of marriage they gave Rs.80,000/- as dowry and other gold ornaments and three years thereafter the son of the petitioner harassed his sister and that on 29.1.2007 his sister submitted a petition to the District Collector, Nellore and a case is pending in the Civil Court at Atmakur under Domestic violence and later, the CPM party people arranged for talks by calling both sides but the missing person Kiran Kumar did not attend the meeting. It was further stated in his statement that he did not know the facts why the son of the petitioner Mr. Kiran Kumar left her house and he is not responsible for the same. I also further enquired with one Mr. Perepu Anjaneyulu father of Maruthi Prasad in all aspects. My enquiries revealed that there is no reason to suspect Perepu Maruti Prasad or his father regarding the missing of the complainant’s son Mr. Kiran Kumar.” Since crime has been registered and investigation is in progress and some of the witnesses have been examined and their statements came to be recorded under Section 161 Cr.P.C, we deem it proper to direct the police to complete the investigation and file the final report, as expeditiously as possible, preferably within one month from today. Accordingly, the writ petition is disposed of. A.GOPAL REDDY, J B.SESHASAYANA REDDY, J 31-03-2008 ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Thotapalli Police Station, Gudur Mandal, Nellore District. 2 The Superintendent of Police, Nellore District. 3 The District Collector, Nellore District. 4 The Director General of Police, A.P., Hyderabad. 5 The Principal Secretary, Home Department, Secretariat, Hyderabad. 6 2 CCs to the Government Pleader for Home, High Court of Andhra Pradesh, Hyderabad (OUT). 7 2 CD copies.