IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF NOVEMBER 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 : 24878 of 2008 Between: Kumari Girija, D/o. Sri B. Seetharama Raju, R/o. 5-312, Suraram Colony, Ranga Reddy District. ..... PETITIONER AND 1 The Station House Officer, Dundigal, Cyberabad. 2 The Commissioner of Police, Cyberabad. 3 The District Collector, Ranga Reddy District. 4 The Govt. of A.P., Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad. 5 The Director General of Police, D.G.P. Office, Hyderabad. .....RESPONDENTS 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 for the reasons stated in the "Letter" dated 30-10-2008 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 father of the Petitioner from the house on 28-09-2008; (ii) action of the Respondents taken on the complaint made by the grand mother of the Petitioner; and this Hon'ble Court may be pleased to pass appropriate orders directing the Respondents investigate into the matter and trace out the father of the Petitioner and hand over him to the Petitioner 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: LETTER Counsel for the Respondents: GP FOR HOME The Court made the following : ORDER: (Per the Hon’ble Sri Justice A. Gopal Reddy) This writ petition is taken up on the basis of the letter dated 30.10.2008 addressed to the Hon’ble the Chief Justice for issuance of writ of mandamus to direct the respondents to trace out the father of the petitioner, namely, B. Seetharama Raju, who was missing from the house from 28.09.2008, and to investigate into the matter. In response to the notice, the Inspector of Police, Dundigal Police Station-the first respondent herein filed an affidavit stating that Smt. B. Savithramma W/o. Neeladri Raju approached the police station and lodged a complaint on 17.10.2008 stating that her son Seetharama Raju married one Madhavi abut 17 years back, who belongs to Stuvartpuram of Guntur District and they were blessed with a daughter and a son. Her daughter-in-law died one year back due to kidney problem. On 13.06.2008 her son took his children and left their house stating that he will join the children in hostel. He came back to the house after one month. On the same day, some unknown persons came and took her son along with them, and since then his whereabouts are not known. On the basis of the above complaint, a case in Crime No.278 of 2008 under the head of Man-missing was registered on 17.10.2008 and investigated into. During the course of investigation, it is revealed that the alleged detenu was involved in as many as 8 criminal cases, which were registered with the Alwal P.S., Jeedimetla P.S., Chandanagar P.S., Kushaiguda P.S., Patancheru P.S. and Malkajgiri P.S. The investigation further reveals that the alleged detenu attended the Court of VI Metropolitan Magistrate on 4.11.2008, and the said case was posted to 18.12.2008 for examination of the accused. The investigation further reveals that Non-Bailabel Warrants were issued against the alleged detenu in Cr.No.47 of 1998 registered for the offence punishable under Section 395 IPC and Cr.No.109 of 2008 registered for the offence under Section 420, 395 and 412 IPC and on filing of final report, the same were registered as P.R.C.No.82/2005. Apart from the same, the alleged detenu was also involved in Criminal Cases on the file of Kukatpally, Malkajgiri, Chikkadpally and Tandur Police Stations. It is further stated that the petitioner herein submitted a representation to the State Human Rights Commissioner and the same was numbered as HRC No.4357 of 2008 wherein the Commissioner passed an order dated 22.11.2008 directing the Project Director, Ranga Reddy District to admit the children in a Residential school with free boarding and lodging facilities, including their clothing, medication etc. It is stated that the investigation is still under progress and as and when the alleged detenu was arrested in execution of NBWs, he will be produced before the competent Magistrate. In view of the counter averments, it is clear that the father of the petitioner is absconding from arrest where NBWs are pending for various offences registered against him. In view of the same, as and when the alleged detenu is arrested, the police are directed to produce him before the competent Magistrate and inform the same to the petitioner and see that the petitioner may have an interaction with her father. With the above direction, the writ petition is disposed of. ___________________ (A.GOPAL REDDY, J.) _________________ (R. KANTHA RAO, J.) 27th November, 2008 Js.