IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 8116 of 2008 Between: M. Padmavathi, W/o. M. Surya Dr.No.11/1/384, Aravind Nagar, 1st Cross Road, Near Datta Apartment, Ananthapur Town, Ananthapur District. ..... PETITIONER AND 1 The Station House Officer, Itukalalapalli Police Station, Ananthapur District. 2 The Circle Inspector of Police, Itukalapalli, Ananthapur District. 3 The Superintendent of Police, Ananthapur District. 4 The District Collector, Ananthapur, Ananthapur District. 5 The Director General of Police, Hyderabad. 6 The Govt. of A.P., Rep. by its Prl. Secretary, Home Department, Secretariat, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that for the reasons stated in the "Letter" dated 08-04-2008 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 calling for the remarks connecting to (i) forcibly taken away the Petitioner's husband herein namely M. Surya on 03-04- 2008 by the police constable, Itukalapalli for interrogation up to 07-04-2008; (ii) missing of the Petitioner's husband Viz., M. Surya since 08-04-2008, who was released by the Itukalapalli Police Station on the same day morning; and this Hon'ble Court may be pleased to issue necessary directions to the concerned to probe into the matter, trace out the missing person and produce him before the Hon'ble Court 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 at the stage of admission made the following : ORDER: (per Sri B. Seshasayana Reddy, J) This is a taken up writ petition based on a letter dated 08-04-2008 addressed by Smt. M. Padma, wife of M. Surya to Hon’ble the Chief Justice, High Court of Andhra Pradesh, wherein it is alleged that her husband M. Surya has been forcibly taken by Ramana, a Police Constable along with other constables stating that he was called by John Manohar, Circle Inspector of Police, Itukalapalli. It is further alleged that she went to the police station on 07-04-2008 and found her husband Surya missing and learnt from the concerned police that he was released on the previous day night and that they did not know where he had gone. S. Sreeramulu, Sub-Inspector of Police, Itukalapalli Police Station, Anantapur District has sworn to the counter affidavit filed on behalf of the respondents. It is stated in the affidavit that the alleged detenu worked in the financial business run by his maternal uncle T. Narasimhulu Naidu and thereafter, the alleged detenu and his brother had taken away an amount of Rs.5,00,000/- and promissory notes worth Rs.20,00,000/- along with two motor cycles. The said Narasimhulu Naidu presented a report before the concerned police. A case in Crime No. 29 of 2008 has been registered on receipt of copy of the letter dated 08-04-2008 under man missing. The police are investigating into both the crimes. Para 7 of the affidavit is to be noticed and it is thus: “I respectfully submit that the allegation of the petitioner that on 3.4.2008 at 5.00 p.m her husband was forcibly taken by Ramana, a Police Constable along with another constable stating that he was called by this respondent is false and hence denied. The allegation of the petitioner that when she visited this respondent police station, she was informed that they were interrogating her husband regarding the transactions in the Finance Business existing between her maternal uncle T. Narasimha Naidu and her husband is false and hence denied. The allegation of the petitioner that her husband was kept in the police station itself upto 7th of this month constantly saying that they would release her husband today or tomorrow is false and hence denied. The allegation of the petitioner that when he went to the police station on 8.4.2008, she was told that her husband was released Yesterday night and they did not know where he had gone is absolutely false and hence denied.” It is explicit from the affidavit of the Sub-Inspector of Police, Itukalapalli Police Station that two crimes came to be registered, one basing on the letter written by Smt. N. Padmavathi, who is the petitioner herein, and the other basing on the report presented by T. Narasimhulu Naidu. Both the crimes are under investigation by the police. The dispute between the husband of the petitioner and one T. Narasimhulu Naidu appears to be purely civil in nature i.e., in respect of money transactions. Since both the crimes have been registered, the police have to make every effort to see that investigation is completed and file the final report. In the event, the final reports have been filed, copies of the same may be marked to the respective defacto complainants. Accordingly, the writ petition is disposed of. A.GOPAL REDDY, J B.SESHASAYANA REDDY, J 01-05-2008 ks ………... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Itukalalapalli Police Station, Ananthapur District. 2 The Circle Inspector of Police, Itukalapalli, Ananthapur District. 3 The Superintendent of Police, Ananthapur District. 4 The District Collector, Ananthapur, Ananthapur District. 5 The Director General of Police, Hyderabad. 6 Principal Secretary, Govt. of A.P., Home Department, Secretariat, Hyderabad. 7 2 CCs to the Advocate General, High Court of Andhra Pradesh, Hyderabad (OUT). 8 2 CD copies.