IN THE HIGH COURT OF ANDHRA PRADESH AT HYDERABAD Taken UP W.P.No.25851 of 2007 Dt. 04-02-2008 Between: Ch.Jaya Kumari ..Petitioner and 1.The SHO., I Town Police Station, Adoni, Kurnool Dist. and others. ..Respondents THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLE SRI JUSTICE NOOTY RAMAMOHANA RAO Taken UP W.P.No.25851 of 2007 Oral Order: (Per Hon’ble Sri Justice Nooty Ramamohana Rao) The complaint lodged with the Chief Justice of High Court on 23-11-2007 has been treated as a writ petition. It is alleged that the husband of the complainant while working as Police Constable attached to the Police Control Room, Adoni was found missing ever since 07-03-1996 and that his whereabouts are not known since then and that in spite of the complaint lodged by the writ petitioner no efforts are made by the police to trace her husband and, therefore, the complainant prays that the enquiry into the whereabouts of her husband be entrusted to CBI. In response to the notice, the Sub-Inspector of Police II Town Police Station, Adoni, Krunool District has filed this counter affidavit. It is alleged that Cr.No.1/96 under Section 353 IPC and Section 8(b) of A.P. Prohibition and Excise Act, 1995 is registered against the husband of the petitioner on 01-01-1996 on the file of II Town Police Station and that investigation has been taken into the said matter. Since Non Bailable Warrant issued in C.C.No.49 of 1996 could not be executed, as the whereabouts of the husband of the petitioner could not be traced, the case itself has been closed duly discharging the accused therein under Section 321 of the Code of Criminal Procedure. Since the husband of the petitioner was not reporting to duty, his services as Police Constable came to be terminated. Petitioner, it is alleged, that, has never complained about missing of her husband and that she has not produced the legal heir certificate i.e. required for sanctioning eligible amount representing service benefits of the husband of the petitioner who worked as Police Constable with the Government. Since it is a long pending case and the petitioner’s husband is said to be missing ever since 07-03-1996, no useful purpose will be served by entrusting the enquiry to any other investigating agency including CBI. Hence, the writ petition is dismissed. However, it is open to the petitioner to produce necessary legal heir certificate before the authorities concerned and stake for claim of receiving service benefits, if any, of her late husband. _______________ A.GOPAL REDDY, J. ________________________ NOOTY RAMAMOHANA RAO,J. 04-02-2008 Note: Registry is directed to send a copy of the order to the complainant at the address furnished in the complaint. (bo) Murthy