IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE 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.7661 of 2008 Between: Smt. Bathuru Bhagirtha Bai, W/o. Late Pothanna, R/o. Kubeer Village & Mandal, Adilabad District. ..... PETITIONER AND 1. The Superintendent of Police, Adilabad, Adilabad District. 2. The Circle Inspector of Police, Bhainsa Circle, Adilabad Dist. 3. The Sub-Inspector of Police, Kubeer Police Station, Adilabad Dist. 4. A.Shanker S/o. Yellanna R/o. Limba ( B ) Village, Kuntala Mandal, Adilabad Dist. 5. A.Lakshman S/o. Yellanna R/o. Limba ( B ) Village, Kuntala Mandal, Adilabad Dist. 6. Giri Peeraji, s/o. not known, aged 60 years, R/o. Kubeer Village & Mandal, Adilabad Dist. 7. Giri Dattari S/o. Peeraji R/o. Kubeer Village & Mandal, Adilabad Dist. 8. Giri Saibaba S/o. Peeraji Kubeer Primary Health Center, Kubeer, Adilabad Dist. 9. Giri Poshetty S/o. Peeraji R/o. Kubeer Village & Mandal, Adilabad Dist. .....RESPONDENT(S) 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 a writ order or direction more particularly a writ of Habeas Corpus directing the respondents to produce the B.Narsaiah (second son of the petitioner) before this Hon'ble Court and upon such production he may be set at liberty by giving the custody of him to the petitioner. Counsel for the Petitioner : MR. S.SURENDER REDDY Counsel for Respondent Nos.1 to 3 : THE ADVOCATE GENERAL Counsel for Respondent Nos.4 to 9 : Sri K.M. Mahender Reddy The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.7661 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice K.C.Bhanu) Heard learned counsel for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent Nos.1 to 3. 2. This Writ of Habeas Corpus is filed by the petitioner directing respondent Nos.1 to 3 to produce the detenu B.Narsaiah (second son of the petitioner) before this Court and on such production, he may be set at liberty and give custody to the petitioner. 3. A detailed counter affidavit has been filed by the third respondent – Sub-Inspector of Police, Kubeer Police Station, Adilabad District, stating that basing on the report given by the petitioner herein, a case is registered as “Man Missing” and enquired into. The counter also reveals that the petitioner never fell in love with the alleged detenu nor there is any love affair between them. The counter further reveals that the marriage of the alleged detenu was fixed with another person of Bhainsa on 29-03-2008. 4. The main grievance of the petitioner seems to be that in spite of giving a complaint to the police with regard to the kidnap of the alleged detenu, the police have not taken any action. Admittedly, the police after receipt of the complaint, made investigation and came to the conclusion that there was no love affair between the petitioner and the alleged detenu, and the investigation further discloses that there was no involvement of the other unofficial respondents with regard to the kidnap of the alleged detenu. If the petitioner is not satisfied with the investigation done by the police, the remedy of the petitioner is otherwise. Therefore, when the alleged detenu is not wrongfully or illegally confined by anybody, much less the unofficial respondents herein, the question of producing him does not arise. 5. There are no merits in the writ petition and the same is liable to be dismissed. 6. In the result, leaving it open to the petitioner to pursue the remedies available to him under law, the writ petition is dismissed, at the stage of admission. There shall be no order as to costs. 7. Any observations made are for the purpose of disposal of this writ petition only. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 17-06-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Superintendent of Police, Adilabad, Adilabad District. 2. The Circle Inspector of Police, Bhainsa Circle, Adilabad Dist. 3. The Sub-Inspector of Police, Kubeer Police Station, Adilabad Dist. 4. Two CCs to the Advocate General, Government of A.P., High Court Buildings, Hyderabad. (OUT). 5. Two C.D. copies. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.7661 of 2008 17-06-2008 (Msr)