HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE M.S.RAMACHANDRA RAO
WRIT PETITION No.21652 OF 2014
DATED: 31.07.2014 Between:
Smt Manjulatha … Petitioner And State of Telangana and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE M.S.RAMACHANDRA RAO
WRIT PETITION No.21652 of 2014
ORDER: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta)
This Writ Petition has been filed for issuance of writ of Habeas Corpus on the following statements made in affidavit filed in support of the writ application.
On 25.07.2014 at 10.00 hours, the husband of the writ petitioner as usual went to business in Begum Bazar, Hyderabad. On the same day, at 12.26 p.m., Constable Mr. Srinivas from the Police Station Saidabad called her from his mobile No.9059902895 enquiring about her husband. She told that he was out on his business. Again, on the same day, Sub-Inspector of Police, Mr. Muthyalu, Police Station Saidabad phoned her from mobile No.7382296507 enquiring about her husband. He asked her to inform her husband to go to the Police Station Saidabad. Immediately, she informed her husband on phone about the police from Saidabad calling him to the Police Station. On 25.07.2014, her husband did not return home and his mobile phone was not reachable from 6.30 p.m. on 25.07.2014. She along with her brother Uday Kumar went to Police Station on 26.07.2014 at 10.30 a.m. and found her husband’s scooter AP29 AT 4734 parked in the premises of Police Station Saidabad. She enquired about the whereabouts of her husband with the police but they said that they were not aware of him. She enquired about his whereabouts at all possible places but in vain. On 28.07.2014, at 7.30 p.m. she went to her area police station Gandhi Nagar and lodged a complaint about missing of her husband. She is not aware, whether they registered her complaint or not. They enquired from the Police Station Saidabad and learnt that her husband is missing.
Thus, it would appear that there is no complaint that the husband of the petitioner was detained by the police, rather, the missing information was furnished and in spite of that, no action has been taken. According to us, no case for issuance of Writ of Habeas Corpus has been made out. Unless there is an allegation of detention by the police, issuance of Writ of Hebeas Corpus is not called for. Petitioner is permitted to take action in accordance with law, as may be advised.
The Writ Petition is accordingly closed. No order as to costs.
Consequently, pending miscellaneous petitions, if any, shall stand closed.
31st JULY, 2014.
K.J. SENGUPTA, CJ M.S.RAMACHANDRA RAO, J kvni