N. DURAIRAJAN Vs. SUPERINTENDENT OF POLICE AND OTHERS

JUDGEMENT

(1.) This is the petition filed by the petitioner under Articles 226 and 227 of the Constitution of India with a prayer to issue writ of habeas corpus directing the respondents to take immediate steps to find out the petitioner's son who is missing under mysterious circumstances from 04.04.2018 and issue such other further appropriate order as deemed fit in the facts and circumstances of the case in the interest of justice and equity.

(2.) We heard the arguments of Sri Sheik Mourthuja B., learned counsel appearing for the petitioner and Sri A.M. Suresh Reddy, learned Additional Government Advocate on behalf of respondent Nos.1 to 5. Learned counsel for the petitioner made the submission that the son of the petitioner had gone along with his friends on 04.04.2018, to celebrate the birthday party of Jabimasian, to Kaveri Sangama at Sathanur, Kanakapura Taluk Ramanagara District, but he did not come back. It is his contention that though it was informed to the respondent - police about non returning of the son of the petitioner, no steps were taken by the respondents to find out the petitioner's son who is missing. It is also the submission that the petitioner is also having the compact disc (CD) from which it could be heard and made out that the petitioner's son is made to drown in the water. Therefore he made the submission that though such doubtful circumstance was intimated to the respondent - police they have not taken any action in the matter. On these grounds learned counsel sought to allow the petition and direct the respondent - police to take immediate steps to find out the petitioner' missing son.

(3.) Per contra, learned AGA made the submission that having taken all steps to find out the missing person i.e. the son of the petitioner, police have conducted detailed search in the matter. It is also his submission that the river at which all of them were taking bath is a dangerous place and there are crocodiles. Learned AGA submitted that the police have recorded the statement of the friends and other local persons to know about whether there was any sort of enmity between the son of the petitioner and the other colleagues who accompanied him to the said place i.e. the Kaveri Sangama. He submitted that their statements also go to show that there was no enmity or difference of opinion between the colleagues and the son of the petitioner. In this connection, learned AGA produced the status reports yesterday as well as today along with photographs and the statement of the witnesses that they have recorded. In some of the photographs it is seen that there are crocodiles at the said place. Learned AGA submits that in spite of such steps taken by the police, they were not able to find out the missing person i.e., son of the petitioner herein. The respondent police also furnished the documents to show their request to the National Disaster Response Force for the search of the missing person in the river and the photographs of the search made by the said Force. He also submitted that there is no allegation in the petition that there is illegal detention of the son of the petitioner. The only submission made in the petition is that the son of the petitioner is missing. Therefore he submits that this petition is not maintainable. Learned AGA therefore seeks that as the respondents have done their best and have produced the necessary documents to show the sincere efforts that they have put in the matter the petition be rejected.