IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY NINETH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.17357 OF 2010 Between: S.Nagamani … Petitioner And The Superintendent of Police, Kadapa District and others. … Respondents This Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.17357 OF 2010 ORDER: - (Per Hon’ble Sri Justice A.GOPAL REDDY) The petitioner invoked the Habeas Corpus jurisdiction of this Court under Article 226 of the Constitution, for production of her husband viz., S.Srinivasulu-alleged detenu, before this Court and to set him at liberty forthwith. According to the petitioner, she married the alleged detenu, Sreeramula Srinivasulu, who came to the house in tense on 04.06.2010 and on her request he stated that he saw respondent Nos.5 and 6, who are working in HDFC Bank as Manager and Computer Operator respectively, in an unforeseen in an office room, On the next day, he went to the office to request respondent No.5 not to bore grudge against him and did not return. On her report to respondent No.4 on 07.06.2010, respondent No.4 threatened her not to take any measures in finding her husband and she would not get him. On the next day, when he enquired with respondent No.5 office about her husband, respondent No.5 abused her in a filthy language. When the complaint is made by her, respondent No.4 was not inclined to register the crime, as such, she made a complaint to respondent No.3 on 08.06.2010. Later respondent No.4 registered a case in crime No.76 of 2010 under man missing. But so far, the alleged detenu has not been traced and she suspects that her husband is kidnapped at the instance of respondent Nos.5 and 6. Respondent No.2 filed a counter stating that on petitioner lodging a complaint with III Town Police Station, Proddatur on 12.06.2010 stating that her husband viz., S.Srinivasulu is working as an Attendar in H.D.F.C. Standard Life Insurance Company, Holmspeta, Proddatur Town. While so, on 05.06.2010 her husband went to his office and after returning home he informed her he noticed that the Manager of the said Company was found in compromising condition with respondent No.4 who is working as computer operator in the Manager Cabin. On that the Manager chastised for entering into the room without permission and forcibly took his identity card and also threatened him not to reveal the same to anybody. On 06.06.2010 morning he left the house under the premise that he is going his office, but he did not return home. She suspects that the Manager of the said company is responsible for the missing of her husband. Basing on the said complaint, a case in crime No.76 of 2010 was registered and after conducting preliminary investigation, the case was transferred on the point of jurisdiction to I Town police station, Proddatur on 17.06.2010. Later I Town Police Station, re-registered the said case as crime No.105 of 2010 under the head man missing. The investigating officer examined as many as nine witnesses. During the course of investigation, the neighbours stated that six months ago, the alleged detenu deserted the petitioner and since then he is not coming to her house. The Manager of the Company stated that the alleged detenu is absent from duty from 03.06.2010 and when he visited the office on 04.06.2010, the manager asked with regard to his previous absence on 03.06.2010, the replied adamantly and thrown the keys and also I.D. Card before the staff and left the office threatening to see the end of the Manager of the Company. Afterwards when the Manager enquired with the security staff, they told him that the alleged detenu came to the office on 06.06.2010 and later he has not come to the office. The investigation further reveals that the petitioner is not the legally wedded wife of the alleged detenu and she is a concubine and he deserted her six months ago and not visiting her since then. The petitioner is convicted for the offence under Sections 457 and 380 IPC of Proddatur Rural Police Station by the Court of I Additional District Magistrate, Proddatur and as such, a suspect sheet is being maintained at I Town Police Station, Proddatur aginast the petitioner. Having regard to the fact that the police already registered the crime and took up investigation, police have to complete the said investigation within a reasonable time specifically within three months and file a report before the competent court having jurisdiction by duly intimating the petitioner. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. __________________ A.GOPAL REDDY, J ________________ RAJA ELANGO, J 29th September 2010 LMV