IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY AND THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 9992 of 2008 Between: K. Santra Devi, W/o. K. Attar Singh, R/o. H.No. 23-4-581, Sultan Shahi, Valmiki, Mandir, Hyderabad. ..... PETITIONER AND 1 Station House Officer, Narayanaguda Police Station, Narayanaguda, Hyderabad. 2 Commissionr of Police, Hyderabad City, Basheerabagh, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an order or direction or Writ essentially in the nature of Habeas Corpus to the Station House Officer, Narayanaguda Police Station, Narayanaguda, Hyderabad, and also to the Commissioner of Police, Hyderabad City requiring them to trace out and produce my daugher K. Manju Kumari as she is under undue influence and coercion and consequently restore the natural guaranship of the petitioner herein above. Counsel for the Petitioner:MR.G.S.R.RAJU KIRAN Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.9992 of 2008 ORDER: (Per the Hon’ble Sri Justice A.Gopal Reddy) The petitioner, who is the mother of the alleged detenue, filed this writ petition for issuance of writ of Habeas Corpus directing respondents 1 and 2 to produce her daughter namely K.Manju Kumari in the Court and for a consequential direction to restore the natural guardianship of the petitioner. The petitioner alleges that her daughter, who is aged about 18 years, is working as maidservant in Super Apartments, King Koti, Hyderabad, for the past 5 to 6 years and she is having cordial relations with all the residents of the Super Apartments. It is further alleged by the petitioner that on 02.01.2008, her daughter as usual left the house in the morning at about 5.00 a.m. in order to attend her work at Super Apartments, but did not return home in the evening, and on her enquiry, she came to know that her daughter, after completion of her work, left the Apartment at about 2.00 p.m., therefore, she lodged a complaint before Narayanaguda police station about missing of her daughter mentioning the names of the suspected persons in the complaint. Thereafter, she also filed a complaint before the Human Rights Commission on 07.02.2008. The main grievance of the petitioner is that in spite of lodging the complaint on 02.01.2008, the police have not taken any action in this regard. The Inspector of Police, Narayanaguda Police Station, filed a counter affidavit sworn on 14.05.2008 stating that on 03.01.2008, Sri K.Narendar Singh, the brother of the alleged detenue, approached the 1st respondent and lodged a complaint stating that his sister namely K. Manju Kumari left their house on 02.01.2008 at about 7.30 a.m. in order to attend her work in the house of one Sri Hari Narayana at Super Apartments, King Koti, Hyderabad, but she did not return home in the evening. On the basis of the said complaint, the Assistant Sub-Inspector of Police, attached to the 1st respondent, registered a case in Crime No.2 of 2008 under the head “Girl Missing” and the investigation was handed over to the Sub-Inspector of Police. During the course of investigation, the Investigating Officer examined the complainant and his parents and recorded their detailed statements, circulated the look out notices to all the police stations in twin cities of Hyderabad and Secunderabad as well as the police stations of Cyberabad Commissionerate, sent a requisition to the Director, Doordharshan, Ramanthapur, Hyderabad to telecast about the missing of the alleged detenue and also sent the details of the alleged detenue to City Crime Record Bureau and State Crime Record Bureau for publication in Crime Gazette. In continuation of the investigation, the Investigating Officer examined the occupants of Flat Nos.308 and 206 of Super Apartments, viz., G. Hari Narayana and Smt.Sultana, wherein the alleged detenue used to work as maidservant, and both of them disclosed that the alleged detenue used to move closely with one Fiaz Ahmed, S/o. Mujeeb, who used to reside in the same complex. Smt. Sultana disclosed that the alleged detenue is having a Cell phone, through which she used to talk to her, that on 03.01.2008 at about 12.00 noon, the alleged detenue talked to her and at that time when she asked the alleged detenue that where she has gone, she did not give proper answer, but told her that she is safe elsewhere. After recording the statements of the said G.Hari Narayana and Smt. Sultana, the Investigating Officer made a requisition to the Reliance Net Work and obtained call particulars of Cell Phone bearing No.9347520974, belongs to the missing girl, and the call particulars obtained disclose that the missing girl made a phone call to Smt.Sultana on 01.01.2008 and 03.01.2008 from Bangalore. Smt. Sultana also received an ISD call from phone No.60169938896, which appears to be belonged to Faiz Ahmed. The said Faiz Ahmed made last call to the alleged detenue from Malaysia on 26.12.2007. During the course of investigation, the Investigating Officer interrogated the father of Faiz Ahmed, who stated that his son is having a cell phone bearing No.60169938896 and he is presently working in Mercedes Benz Factory at Malaysia as a trainee. The evidence gathered reveal that the alleged detenue eloped with one Faiz Ahmed. But, however, both the parents are not in a position to accept the relationship of the alleged detenue as well as the said Faiz Ahmed. The Inspector of Police, Narayanguda Police Station, Hyderabad, also filed additional counter affidavit sworn on 14.06.2008 reiterating almost all the averments made in the counter affidavit filed on 14.05.2008 and further stating that inspite of deposing all the facts before the Investigating Officer, Harinarayana, in whose house the alleged detenue was working as maidservant, filed the affidavit withdrawing his statement which was made earlier before the police. Along with the said additional counter affidavit, the Inspector of Police enclosed the statement of the said Harinarayana recorded under section 161 of Cr.P.C., which disclosed that the alleged detenue has close intimacy with one Faiz Ahmed, who used to stay in their complex with his parents. The Inspector of Police, Narayanguda Police Station, Hyderabad, further filed second additional counter affidavit sworn on 17.08.2008, which discloses that on the requisition made by him through the Deputy Commissioner of Police, Central Zone, the BSNL authorities furnished the call particulars of the landline belonging to the father of the suspect person so as to know the communication between the suspect person and his parents, but the Investigating Officer could not get any clue. The Investigating Officer prepared Look Out Notice and wall posters on 20.06.2008 along with the descriptive particulars and photograph of the missing girl and circulated them in twin cities and at Bangalore and also he went to Bangalore on 25.06.2008 and pasted the wall posters at all probable places and got the said information published in the newspapers. During the course of investigation, it was revealed that the suspect-accused pursued his studies at Gulbarga and thereafter he left the said place and is working at Singapore. The Investigating Officer visited Gulbarga and caused enquiries with the friends of the suspect, but could not get any useful information. The father of the suspect is moving along with the Investigating Officer to Bangalore and Gulburga in order to trace the suspect and the alleged detenue. Since the date of registration of the crime, they are making efforts to trace the alleged detenue and the suspect and the investigation is still going on. In view of the averments made in the second additional counter affidavit that the police authorities are making efforts to trace out the alleged detenue and the investigation is still in progress, we direct the Station House Officer, Narayanguda Police Station, Hyderabad to continue the efforts in tracing out the missing girl and on tracing her, she should be produced before the concerned Magistrate, after giving due intimation to the parents of the missing girl. _________________ A.GOPAL REDDY,J ________________ R.KANTHA RAO,J 20.11.2008 v v