THE HON’BLE SRI JUSTICE V.V.S. RAO AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 10096 of 2010 ORDER: (per the Hon’ble Sri Justice K.C.Bhanu). 1. Mother of one Lanka Gopal Rao (hereinafter referred to as ‘the detenu’) filed this Writ Petition to give a direction to the respondents 1 to 4 to trace out and produce the detenu, who allegedly has been missing from the first week of December, 2009. 2. It is alleged that when the said detenu was found missing, his wife, the fifth respondent herein, lodged a complaint before the fourth respondent, who registered a case in crime no.622 of 2009 basing on the complaint, under the head ‘man missing’, and that, the said fact was not informed to the petitioner and she came to know about missing of the detenu through paper publication dated 8.1.2010. It is further stated that the detenu is working in Train Light Department, and the fifth respondent, with an evil eye to grab the death benefits from the railway department and also to get job on compassionate grounds, colluded with police and wanted the case to be closed. 3. In response to the writ petition, the fourth respondent filed counter affidavit stating inter alia that from the date of registration of the crime, police are making efforts to trace the alleged detenu and the efforts are in progress, and that they examined witnesses including brothers-in-law of the detenu. 4. The fifth respondent filed counter affidavit stating that police registered the case on her report and that the petitioner is casting aspersions on her and her brothers and that she has no cordial relationship with the petitioner, while denying the other allegations. 5. As seen from the material available on record, it is not a case of wrongful or illegal detention by police. On the other hand, basing on the report given by the fifth respondent, police registered case in crime no.622 of 2009 under the head ‘man missing’ and they are conducting investigation. They also examined brothers of the fifth respondent herein. So far, whereabouts of the detenu are not traced. Prima facie, it is not proved that the detenu was in illegal or unlawful detention with the police and so the question of issuing a writ of habeas corpus does not arise. However, police shall intensify their investigation and take all possible and reasonable steps to trace the missing man and file a report in accordance with law. It is made clear that police shall report to the Registry about the final result of the investigation. 6. With the above direction, the Writ Petition is disposed of. No costs. -------------------- (V.V.S. Rao, J.) -------------------- (K.C.Bhanu, J.) 28.06.2010 DRK THE HON’BLE SRI JUSTICE V.V.S. RAO AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 10096 of 2010 Between: Lanka Anjamma, w/o. late Venkata Rao …Petitioner And State of A.P. rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad & others …Respondents THE HON’BLE SRI JUSTICE V.V.S. RAO AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 10096 of 2010 28.6.2010