IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.15816 of 2008 Between: Ganta Narayana Murthy S/o Venkatarao R/o Chintalamori (V), Malikipuram (M), East Godavari District. ..... PETITIONER AND 1 The Superintendent of Police, Kakinada, East Godavari District. 2 The Deputy Superintendent of Police, Amalapuram, East Godavari District. 3 Commissioner of Police, Razole, East Godavari District. 4 The Sub Inspector of Police, Malikipuram P.S., Malikipuram, East Godavari District. 5 Nalli Nagaraju S/o Venkataratnam, Chintalamori (V), Malikipuram (M), East Godavari District. .....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 issue any appropriate Writ, order or direction more particularly one in the nature of Writ of HABEAS CORPUS or any other appropriate Writ, order or direction directing the Respondents 1 to 4 to investigate, report and produce the detenue, Smt. Nalli Lalitha before this Hon'ble Court and punish the accused according to law and pass such other order or orders. Counsel for the Petitioner: MR.CH.DHANAMJAYA Counsel for the Respondent Nos.1 to 4: THE ADVOCATE GENERAL The Court made the following : THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.15816 of 2008 ORDER: (per THE HON’BLE SRI JUSTICE K.C.BHANU) The present writ petition is filed seeking to issue a writ of Habeas Corpus by directing the respondents to investigate, report and produce the daughter of the petitioner namely Nalli Lalitha, who was found missing since ten years. In response to the notice, issued by this Court, the Sub-Inspector of Police, Nagaram Police Station, East Godavari District, ﬁled a detailed counter- aﬃdavit stating, inter alia, that basing on the complaint given by the petitioner a case in Crime No.52 of 2007 was registered on the ﬁle of Malikipuram Police Station under Sections 365, 266, 370 read with 34 IPC and under Section 156(3) Cr.P.C., and the investigation was taken up. During the course of investigation, it came to light that as the alleged detenue had some disputes with her husband, she got separated from him and started living with her father for some time and subsequently, leaving her children with her father, she left to Gulf countries for about five or six years ago for eking out her livelihood. As the alleged detenue was not shown to be in the illegal custody of the Police or the ﬁfth respondent, there are absolutely no grounds to issue a writ of Habeas Corpus except a direction to the respondents- Police to complete the investigation as early as possible and file the charge sheet. In our view approaching this Court seeking a writ of Habeas Corpus in matters like this is not only an abuse of process of law but also totally misconceived. For the foregoing reasons, the writ petition is liable to be dismissed. In the result, the writ petition is dismissed, at the stage of admission, with costs. _______________ D.S.R.VARMA, J ______________ K.C.BHANU, J 19.08.2008 Note: Copy be marked to the petitioner. B/o dr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Superintendent of Police, Kakinada, East Godavari District. 2 The Deputy Superintendent of Police, Amalapuram, East Godavari District. 3 Commissioner of Police, Razole, East Godavari District. 4 The Sub Inspector of Police, Malikipuram P.S., Malikipuram, East Godavari District. 5 2CCs to Advocate General, High Court of A.P., Hyderabad. (OUT) 6 2CD copies