IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY FRIDAY, THE FIFTH DAY OF JUNE, TWO THOUSAND NINE ONLY WRIT PETITION No.8717 of 2006 Between: Smt. Pragada Lakshmi and another. … Petitioners And The Superintendent of Police, West Godavari District, Eluru and seven others. … Respondents Counsel for the petitioner: Sri A.Chandraiah Naidu. Counsel for the respondents: AGP for Home. This Court made the following: ORDER:- This is a strange case where the husband of the petitioner No.1, a lorry driver, vanished along with the lorry loaded with goods. As investigation into the Crime, which was registered in connection with the said incident did not make any headway and this Court was not satisfied with the manner in which the investigation was done, as explained in the counter-affidavit filed by the respondents 3 and 4, they were directed to file an additional counter-affidavit explaining the detailed steps taken in investigating the incident. In the additional counter-affidavit filed by respondent No.4 he has enumerated the various steps taken for tracing the missing lorry and the accused driver. It is apt to reproduce the relevant portion of the additional counter-affidavit hereunder: “Para 4. I further respectfully submit that subsequent to the filing of my earlier counter affidavit before this Hon’ble Court I have made efforts to trace out the accused driver and cleaner and lorry. I submit that on 20-11-2006 I have deputed Asst., Sub-Inspector of Police and Police Constable No.988 towards Nellore side to cause enquiries in the said crime. Accordingly they visited Nellore, Gudur, Sullurpeta and caused enquiries at all the check posts, lorry broker offices, Mechanic sheds and also visited Police Stations and exchanged intelligence with them and enquired about unidentified dead body cases but no clues were forthcoming. I submit that on 04-12-2006 I have deputed Asst. Sub-Inspector of Police-391, PC 988 towards Eluru side to cause enquiries about the lorry and accused and accordingly they visited Guntur, Vijayawada, Eluru and caused enquires at all the Check Posts, Lorry Broker Offices, Mechanic Sheds and also visited Police Stations and also exchange intelligence with them and enquired about unidentified dead body cases and also distributed pamphlets in all the centers but no clues were forthcoming. Para 5. I respectfully submit that for the purpose of investigation on 08-01-2007 I deputed Asst., Sub- Inspector of Police-248 to cause enquires about the accused driver and cleaner and accordingly the Asst., Sub-Inspector of Police visited Eluru and examined the relatives of the accused driver and cleaner but no clues were forthcoming. I submit that on 10-1-2007 the Asst., Sub-Inspector of Police visited Eluru and its surrounding places and also re-examined the family members of the accused driver and father of the cleaner and recorded their detailed statements but no information was gathered. I submit that on 21-01-2007 I deputed H.C- 1290 and PC 489 towards Guntur and Vijayawada to cause enquiries in this Crime. Accordingly they visited Guntur, Vijayawada and caused enquiries about the accused driver, cleaner and Turbo lorry and the deputed persons contacted the lorry brokers in the Autonagars of Guntur and Vijayawada and apprised them of the case facts and requested them to pass on information if any clues came to light. On 16-2-2007 I deputed PCs.490, 988 towards Hyderabad and to cause enquiries in the said crime. The deputed personnel visited Hyderabad and caused enquiries about the accused driver, cleaner and the lorry in various places and also contacted the lorry brokers and apprised them of the case facts and requested them to pass on information if any clues came to light. On 03-3-2007 I have deputed Police Constables 489, 1763 towards Rajahmundry, Kakinada and Visakhapatnam and caused enquiries and also contacted lorry brokers and apprised them of the case facts but no clues were forthcoming. Para 6. I further respectfully submit that in this case as no clues are forthcoming about the accused driver, cleaner and missed Turbo Lorry in the near future, permission was obtained from the Sub-Divisional Police Officer, Ongole, and referred the case as undetectable on 25-3-2007. Notice to the complainant was also served. I submit that Final Report was also filed before the Hon’ble III Addl. Munsif Magistrate, Ongole, praying the Hon’ble Court to refer the case as undetectable. I also requested the Hon’ble Court that I will reopen the case if any clues came to light. On that the Hon’ble III Addl. Munsif Magistrate, Ongole, treated the case as undetectable and issued proceedings vide R.C.S.No.16 of 2007 dated 30-5-2007”. Though the disappearance of the husband of petitioner No.1, along with the lorry is mysterious, having regard to various steps taken by the Police, despite which they could not trace out the lorry and its driver, it is not possible for this Court to grant any relief to the petitioners. The Writ Petition is, therefore, closed. ---------------------------------- -- C.V.NAGARJUNA REDDY,J Date:05-6-2009 MNR