THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.31757 of 2011 ORDER: (Per Hon’ble Sri Justice A.Gopal Reddy) The father of the alleged detenu-K.Venkatesh, aged 22 years, invoked the jurisdiction of this Court under Article 226 of the Constitution of India for issuance of writ of Habeas Corpus directing the respondent police to produce his son before this Court. It is stated that the alleged detenu completed B.Tech final year from Narsimha Reddy Engineering College, Missamma Gutta, Kompally, Ranga Reddy District in the year 2011 and he is staying with his room-mates near Swamy Theatre, Sanathnagar. While so, in the morning of 06.06.2011, the room-mates of the alleged detenu informed the petitioner that the alleged detenu has not turn up to the room since the night of 05.06.2011. On 26.06.2011, the cell phone of the alleged detenu was found at Fatehnagar Railway Track near Sanathnagar in damaged condition. The petitioner lodged a report to the police of S.R.Nagar Police Station on 12.06.2011. But, however, the police except registering a case in Crime No.548 of 2011 under the head “Man Missing” did not take any action. The petitioner is suspecting respondent Nos. 6 and 7 for the missing of his son. In response to the notice, the fifth respondent-Sub Inspector of Police, S.R.Nagar Police Station filed a counter-affidavit stating that on 02.12.2011 on enquiry with Kiran Kumar Reddy, the room-mate of the alleged detenu, it was learnt that he along with his father and other relatives of the alleged detenu went to Railway Police Station, Hyderabad one week ago and enquired with the Station House Officer, who informed them that there was an incident of railway accident on 05.06.2011 night, and showed the photographs and inquest report; that the description of the person died in the railway accident was tallying with the alleged detenu; that he deputed Sub Inspector of Police to obtain F.I.R, inquest report and photographs of the deceased on 02.12.2011; that the Station House Officer, Government Railway Police Station registered a case in Crime No.102 of 2011 under Section 174 Cr.P.C; that the three room-mates of the alleged detenu were called to the police station on 04.12.2001 and were shown the photographs of the deceased and they identified the photographs of the deceased as that of the alleged detenu; that the same was also informed to the petitioner on Mobile No.9441460656, but neither the petitioner nor anyone on his behalf came to the police station to see the photographs and identify the same and that after the incident on 05.06.2011 the dead body of the deceased was kept for three days in the Mortuary, Gandhi Hospital, Hyderabad and thereafter it was destroyed by the Police of Government Railway Police Station, Hyderabad. In view of the above counter averments that the alleged detenu died in a railway accident, nothing survives in this writ petition for further adjudication. The writ petition is accordingly dismissed as infructuous. However, the petitioner is at liberty to avail the remedies against the persons, whom he suspects for the death of his son, before the appropriate forum in accordance with law. A.GOPAL REDDY, J Date: 12.12.2011 R. KANTHA RAO, J va