WP/25000/2007 of Ahmed Pasha Vs The Station House Officer, Sanathnagar Police Station, on 24 December 2007

1. The Station House Officer, Sanathnagar Police Station,Hyderabad, and another.Hyderabad, and another.

.....RESPONDENTS

ORAL ORDER: (per Hon’ble Sri Justice A. Gopal Reddy)

This writ petition is taken up on the basis of the letter, dated21.11.2007, sent by the petitioner to the Hon’ble the Chief Justice,alleging that the Police of Sanathnagar Police Station took away hisson, namely, Mohd. Irfan, on 16.11.2007 and kept him in SanathnagarPolice Station illegally and subjected to torture, and that on 21.11.2007,when he along with other relatives went to the police station, they cameto know that his son was shifted to some secret place and so far his sonis not produced before the competent Court.

In response to the notice, the Inspector of Police, SanathnagarPolice Station, Cyberabad, the first respondent herein, filed counteraffidavit stating that one E. Bala Prasad lodged a complaint on18.11.2007 stating that his brother’s daughter, namely, E, Jayasree wasmissing since 15.11.2007 and they are suspecting the alleged detenu inmissing of his brother’s daughter. On the basis of the said complaint, acase in Crime No.375 of 2007 was registered under the head of “WomanMissing”. During the course of investigation, the alleged detenu wascalled to the police station on 8.11.2007 to ascertain his involvement inkidnapping the missing woman. Since the alleged detenu denied hisinvolvement in kidnapping the missing woman, he was let off by thepolice on the same day itself. Thereafter, the complainant and his familymembers visited the police station to know about the progress of theinvestigation. Again the alleged detenu was called to the police stationon 21.11.2007 to know about his involvement in kidnapping the missingwoman. It is also denied in the counter affidavit that except calling thealleged detenu to the police station on 18.11.2007 and 21.11.2007, theynever illegally detained him from 16.11.2007.

The first respondent also field the undertaking given by the petitioner, dated 28.11.2007, which shows that as his son did not returnto the house, apprehending danger to his son’s life, he sent a letter tothe Hon’ble the Chief Justice, but his son returned to the house on28.11.2007.

The petitioner also filed an affidavit through his counsel Sri A. RaviShankar stating that on 28.11.2007 his son was released at about 11.00p.m., on the ground that the missing girl Jayasree was traced and thathis son has nothing to do with the case, but he sent the letter dated21.11.2007, which was taken up as writ petition, to avoid harassment infuture and to take action against the Police Officials of SanathnagarPolice Station, who are responsible for the illegal detention of thealleged detenu.

Learned counsel for the petitioner, who filed the affidavit, failed toappear on 19.12.2007. Even today, though the matter is listed under thecaption “For Dismissal” there is no representation on his behalf.

Since the alleged detenu has been released, the cause of action inthis writ petition does not survive. Accordingly, the Writ Petition isdismissed. However, the petitioner is at liberty to proceed in accordancewith law, if he feels that the alleged detenu has been illegally detainedby the police.

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(A. GOPAL REDDY, J.)

20[th] December, 2007Js.

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(G. BHAVANI PRASAD, J.)