BORROTH SHAM RAO Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) The petitioner, the brother of missing woman by name Mrs. Navarkhela Renuka, seeks her production by a writ of Habeas Corpus.

(2.) The petitioner alleges that the marriage of Renuka, his sister, was performed on 30-12-2005 with the 2nd respondent. The 2nd respondent is no other than his wife's brother. He further alleges that after the marriage of his sister, she joined the 2nd respondent and began residing with the respondents 2 to 6. !n the first week of March, 2006, when he went to the house of 2nd respondent, he found his sister was missing. When he questioned, the 2nd respondent gave evasive replies about her whereabouts. On that, he gave a report to the Station House Officer, Moinabad Police Station, the 1st respondent herein, on 05-03-2006. He also sent a copy of the report to the Circle Inspector of Police by way of registered post, which was returned unserved. The 1st respondent is acting hand-in-glove and extending the help to the respondents 2 to 6. After lapse of two months eventually his case was registered as Crime No.91 of 2006. Complaining that no action has been taken by the police, the present writ petition is filed.

(3.) The 1st respondent, the Station House Officer, Moinabad Police Station, filed counter denying each and every allegation made in the petition including the date of marriage of the alleged missing woman. He stated that the missing woman left her matrimonial house about four years back. In spite of best efforts he could not trace her. He further alleged that the petitioner complained that his sister Smt. Renuka was married to one Naverkheli Gandi of Attapur in the year 1992. However, in 2004 she was sent to her matrimonial house. On 05-02-2005 the petitioner's brother Dasarath went to the house of his sister Smt. Renuka and asked his sister and the brother-in-law to come to their house for Holi festival. On the next day, his brother-in-law informed him that his sister was missing. Thereupon, they searched. Basing on a complaint, a case in Crime No. 91/2006 under the head Woman Missing was registered. He took up investigation. He further stated that his investigation revealed that Smt. Renuka left the house aboutfouryears ago. The allegation that the missing woman is in illegal custody of respondent 2 to 6 is not true.