Manam Satyanarayana v. State Of Andhra Pradesh
THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION No. 2227 OF 2018 DATED 07th FEBRUARY, 2018 Between:
Manam Satyanarayana ...
Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District, and others ...
Respondents Counsel for the petitioner : Sri B.V.S.S.Balakrishna Ranjit Counsel for the respondents : Assistant Government Pleader (AP) THE COURT MADE THE FOLLOWING
ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed by the father of a college going woman by name Manam Tejasri with the grievance that the State and its functionaries of Police Department are not evincing proper interest in tracing out his missing daughter. 2.
In response to the notice of this Court, respondent No. 6 - Sub-Inspector of Police & Station House Officer, Thondangi Police Station, East Godavari District, has filed a detailed counter affidavit enumerating all the measures that have been taken by him for tracing out the missing woman. The measures taken by him have been narrated as under:
"It is submitted that, abased on the above complaint, a case in Crime No. 171/2017 under head "Woman Missing" was registered on 14-12-2017 and took up for investigation. During the course of investigation, I have examined the petitioner and recorded his detailed statement. On examination he stated and corroborated the same facts as stated in the FIR. Thereafter, I collected the photo and descriptive particulars of the Missing Woman from the petitioner. Later, I have visited the scene of offence, observed it and drawn rough sketch of the same. Thereafter, I have secured the presence of P.W.2/Manam Butchiveni, wife of the petitioner, P.W.3-Chinthapalli Simhadrirao and P.W.4-Andem Suribabu who are the neighbours to the scene of offence, examined them and recorded their
detailed statements. Thereafter, I visited Sri Satyanarayana Swamy Temple, caused efforts regarding Missing Woman and also suspected persons in this case, but not traced. Then returned to the Police Station and sent crime memos to all the neighbouring S.H.Os. through APPMS. I have also sent Look Out Notice. I have given wide publicity through Press and Media in order to get clues. I have also distributed pamphlets and pasted Wall Posters at all prominent places. It is submitted that on 15-12-2017 I visited Tuni and enquired the parents of the suspected person. The father of the suspected person Mr. Nandiga David Raju is working as Head Constable in Annavaram Police Station.
According to the version of the parents of suspected person their son left home on 05-12-2017 morning in order to attend the College and thereafter, his whereabouts are not known. They further stated that they are also in search of their son. Thereafter, I visited Sri Prakash Degree College, examined and recorded the statement of P.W.5-Sri Kasireddy Veerraju, Principal. I addressed a letter to the Principal seeking attested copies of attendance registers extracts dated 05-12-2017 in respect of Missing Woman and also the suspected person for the purpose of investigation. Later, I examined and recorded the statement of P.W.6Beera Apparao, Driver of the College Bus. Theeafter, I have visited RTC Complex, Tuni, Railway Station Tuni, surprised lodges situated in Tuni Town and caused sincere efforts to trace the Missing Woman.
I have sent a requisition to the Superintendent of Police, East Godavari District, to get call details of Phone Nos. 9963906570 and 9908265457 from 04-12-2017 belonging to the suspected person.
It is submitted that on 16-12-2017 I have visited Tuni, secured the presence of P.Ws.7 and 8 i.e., Pericharla Sai Sravan and Nellipudi Venkatesh, both studying B.Sc. computers in the same college, examined and recorded their detailed statements. Thereafter, I visited Pithapuram, Gollaprolu and U.Kothapalli and cause sincere efforts to trace the Missing Woman and also the suspected person, but in vain. On 18-12-2017, H.C. 2159 and P.C. 3620 visited Kakinada in order to trace the Missing Woman and also the suspected person but could not get their whereabouts. On 20-12-2017, H.C. 2159 and P.C. 3620 visited Samalkota and Peddapuram and caused discrete enquiries about the Missing Woman and the suspected person, but not traced them. It is submitted that on 10-01-2018 I have received call details from the service providers. Based on the same, H.
C. 2159 and P.C. 3620 visited Tanuku and made efforts to trace the Missing Woman and the suspected person, but in vain. On 16-01-2018 the said Police Constables visited Nakkapalli and Yelamanchili in order to trace the Missing Woamn and also the suspected person, but did not get any clues. On 21-01-2018, H.C. 2159 and P.C. 3620 visited Tuni and Payakaraopet and caused enquiries at various places for tracing the Missing Woman and the suspected person. On 27-01-2018, H.C. 2159 and P.C. 3620 visited Nathavaram and Narsipatnam and caused sincere efforts to trace the Missing Woman and also the suspected person, but in vain. It is submitted that, the investigation so far done revealed that the Missing Woman was lastly seen by the students of the College on 05-12-2017 afternoon i.e., soon after attending for examination/semester.
Payakaraopeta of Visakhapatnam District. As such, I addressed a letter dated 31-01-2018 to the Superintendent of Police, East Godavari District, Kakinada to transfer the CD file of Thondangi Police Station vide Crime No. 171/2017 under head "Woman Missing" to the S.H.O., Payakaraopet Police Station of Visakhapatnam District and the Superintendent of Police is yet to pass orders on the same." 3.
From the aforementioned averments in the counter affidavit, we are convinced that respondent No. 6 has been making every effort that is expected of the police and therefore, no further directions could be issued in this regard except to the extent that he shall continue his efforts and evince interest to trace out the missing woman in near future and that as and when the missing woman is traced out, he shall produce her before the jurisdictional magistrate. 4.
Subject to the above direction, the Writ Petition is disposed of. 5.
As a sequel to disposal of the Writ Petition, I.A.No. 2 of 2018 shall stand closed as infructuous.
___________________________ C.V.NAGARJUNA REDDY, J.
_____________________________ GUDISEVA SHYAM PRASAD, J.
Date: 07-02-2018.
JSK