HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.10559 of 2010 Dated: 14-06-2010 Between: Vedipala Dharma Reddy …Petitioner AND Director Genreal of Police, Govt. of A.P., Lakdikapul, Hyderabad & others. Respondents. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.10559 of 2010 ORDER: (Per Hon’ble Sri Justice A.Gopal Reddy) This writ petition has been filed seeking writ of habeas corpus to produce petitioner’s son-Vedipala Papi Reddy whose whereabouts are not known from 2007 onwards. According to the petitioner, his son, alleged detenu left the house on 20.7.2007 and did not return home. He lodged a complaint with the third respondent-Station House Officer, Nidamanoor Police Station on 8.12.2007, on which basis, a case in crime No.79 of 2007 was registered, but so far, no steps have been taken to trace out the son of the petitioner. In response to the notice issued by this Court, the third respondent filed a counter affidavit stating that on the complaint lodged by the petitioner five months after his son left the home, a case in Crime No.79 of 2007 was registered under the head of ‘man missing’ on 8.12.2007 and investigation was taken up. During the course of investigation, the investigating officer examined the complainant- petitioner herein and the brother of the alleged detenu who corroborated with the contents of F.I.R. On examination of one Shaik Syed Jani, who was working as Divisional Circulation Officer of Surya Daily Newspaper, it was elicited that the alleged detenu is his close friend. He further stated that he accompanied the alleged detenu to Hyderabad for purchase of Motorbike and as the alleged detenu did not get the required registration number, they returned to Bhongir and that the alleged detenu stayed with him for two days and left his house stating that he is going to Hyderabad along with other friends to purchase motorbike, and since then the alleged detenu is not in contact with him. In the counter it is stated that the investigating officer flashed the radio messages to all the Circle Inspectors of Police in Andhra pradesh and also prepared lookout notice with the photograph and the descriptive particulars of the alleged detenu and circulated the same to all the Police Stations in and around Nalgonda District. It is also stated that two teams were formed and the said teams made efforts to trace out the whereabouts of the alleged detenu and after failing in their efforts, after obtaining the permission from the S.D.P.O., Miryalguda, third respondent issued notice to the complainant under Section 173 Cr.P.C. and filed a final report before the Judicial First Class Magistrate, Muryalguda to refer the case as undetectable for the time being on a condition that as and when the clues come forth about the alleged detenu, the case shall be re- opened and investigated. When the petitioner was issued with notice under Section 173 of Cr.P.C. about filing of the final report, the petitioner, if aggrieved, will have a right to file a protest petition and lead evidence in that regard to show the illegal confinement of the alleged detenu by any third parties. Since it is nowhere asserted that the alleged detenu was illegally detained by any person, issuance of writ of habeas corpus does not arise. In the circumstances, the police are directed that as and when clues come forth with regard to the whereabouts of alleged detenu, they have to reopen and re-investigate the matter after due intimation to the petitioner and if any report would be filed, the same shall be done with due intimation to the petitioner. With the above observations, the writ petition is dismissed. No order as to costs. ________________ A. GOPAL REDDY, J. __________________ JUNE 14, 2010 K.C. BHANU, J. Tsr.