Dismissed

Alla Ramu v. The State of Andhra Pradesh, represented by

Telangana HC27 Jul 2012WP/20338/2012

Case brief

AI extract

What is this about?

In a writ petition filed for the investigation and production of a missing medical student, the High Court examined the detailed investigation report of the CID. Finding that the CID had taken all possible steps to trace the detainee and was satisfied with their efforts, the court held there was no necessity to involve the CBI and dismissed the petition.

What did the court decide?

Writ petition dismissed; no order as to costs.

Alla Ramu Vs The State of Andhra… — Constitutional and Fundamental Rights | Telangana HC (2012)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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FRIDAY, THE TWENTY SEVENTH DAY OF JULY, TWO THOUSAND AND TWELVE

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PRESENT THE HON'BLE SRI JUSTICE N.V.RAMANA AND THE HON'BLE SRI JUSTICE P.DURGA PRASAD

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WRIT PETITION NO. 20338 OF 2012

Between:

Alla Ramu

..... Petitioner

AND

The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad and others

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..... Respondents

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The Court made the following:

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ORDER: (per the Hon’ble Sri Justice N.V. Ramana)

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The present writ of habeas corpus is filed seeking a direction to respondent No.2 to investigate and enquire about the whereabouts of alleged detenu Alla Arvind

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Babu, son of the petitioner, who is studying MBBS in 5^th respondent college and to cause his production before this court.

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On securing a rank in EAMCET, the son of the petitioner was admitted into first year MBBS course in the 5^th respondent college. He was staying in the hostel, located in the premises of the medical college. While so, the petitioner states that on 22.2.2006, himself and his eldest son received phone calls from one Gundu Aravindu, a roommate of the alleged detenu, asking them to start immediately. Petitioner immediately rushed to the college and on enquiry, he was informed that the alleged detenu was beaten up by some students, named in the complaint. Though he complained about the incident to the Warden of the Hostel, Principal and Secretary of the College, they have not raised up to the occasion. He further states that the Administrator has obtained a letter from them and asked them to wait for two days for tracing the whereabouts of the boy. Even the advertisement published in the newspaper in the first week of March, 2006 did not yield any fruitful result. Basing on the complaint of the sixth respondent, a case in Cr. No.31 of 2006 was registered under the head ‘man missing’.

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The petitioner earlier filed a writ of habeas corpus i.e. W.P. No.8296 of 2006 seeking production of the alleged detenu, which was disposed of by this court by an order dated 13.6.2006 entrusting the case to the CBCID for

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investigation, and to submit the report to the appropriate court. It is the case of the petitioner that though he has named the students who allegedly beat his son, no action has been taken either by the college authorities nor by the police. Therefore, having no other alternative he has filed the present writ petition seeking direction to the respondents to entrust the matter to the CBI for investigation and to cause production of his son before this Court.

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Pursuant to the direction given by this court, a detailed report is submitted by the Inspector of Police, CID, Guntur. It is stated that on 1.3.2006, the Warden of the NRI Medical College, lodged a complaint with the Mangalgiri Police Station stating that one of their students by name Alla Aravinda Babu studying in MBBS left their campus at 9.30 a.m. on 25.02.2006 without giving any intimation to the caretaker. Thereafter, the brother of the alleged detenu visited the campus on 26.02.2006 while his father reached the campus on 27.02.2006. They along with the hostel students searched for the alleged detenu but could not trace his whereabouts. Based on the said complaint, the Sub Inspector of Police, Mangalagiri Rural Police Station registered a case in Cr. No. 31 of 2006 and took up investigation. He visited the Medical College and examined 13 witnesses, flashed radio message to all the Inspectors of Police in Guntur Range on 02.03.2006 by furnishing the particulars of the alleged detenu. On the

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same day, he visited the neighbouring villages and distributed photographs of the alleged detenu, but could not get any information. On 03.03.2006, he got published the photograph and other details of the alleged detenu in the daily newspapers and caused enquiries, but could not get any clue with regard to whereabout of the alleged detenu. He also verified the unidentified death cases reported in Guntur, Vijayawada and Tenali Railway Police Stations, but in vain.

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Pursuant to the orders dated 13.06.2006, passed by this Court in W.P. No. 8296 of 2006, the case was transferred to CBCID. The Additional Director General of Police, CID, AP, vide his Memo dated 13.10.2006, entrusted the investigation of the crime to Sri. J. Murali Kirshna, Inspector of Police, CID, Hyderabad. During the course of investigation, the Investigating Officer examined 32 witnesses, but all his efforts to trace the alleged detenu proved futile. On 28.02.2008, Sri. B. Nageswara Rao, Inspector of Police, CID, Guntur, took up further investigation. He visited room No. 217, where the alleged detenu used to stay, prepared a list of articles belonging to the alleged detenu and found a love letter addressed to him with the signature of one Divya. He caused enquiries about Divya who scribed the love letter, but could not get any information. He examined 17 witnesses including the classmates of the alleged detenu. He examined one Dr.Randhi Venkata Narayana, who had examined the

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alleged detenue in Seven Hills Hospital, Visakhapatnam. He stated that on 04.04.2004, when the alleged detenue was studying Intermediate, while he was on duty on 4.4.2004 his father namely Alla Ramu admitting him in his hospital in a state of unconsciousness and on examination, he came to know that the alleged detenu swallowed 15-20 carbomazepine tablets. He gave stomach wash and treated the alleged detenu for one week in the hospital and later discharged. The report shows that the allege detenu swallowed the sleeping tables on account of his father scolding him for securing less marks in Intermediate Examination.

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The report further shows that pursuant to the efforts to know whether any passport, driving licence, ration card and voters identity card were issued in the name of the alleged detenu, it came to light that they were not issued to him. The photograph of the alleged detenu along with the his descriptive particulars were compared with that of the unidentified dead bodies found within the limits of Vijayawada Commissionerate, Krishna, Prakasham and Guntur Districts, duly verifying the DCRBs, RCRBs and CCRBs. As regards the love letter found in the room of the alleged detenu, which was scribed by one Divya, they found about 16 girl students with the said name from the years 2003 to 2005, they could trace 13 students, but all of them were married and settled abroad and were away from Visakhapatnam. The Investigating Agency also took

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note of the security arrangements made at the college and found that there is no proper scanning or checking at the gate. There is an insufficient security arrangement at the NRI Medical College and hostel inasmuch as it is a thoroughfare to all the patients, their relatives, students, working staff and all the vehicles of the general hospital.

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The report also discloses the findings of the Investigating Officer, according to him the complaint was lodged by the college management as regards the alleged detenu with a delay of five days. On 22.02.2006, the alleged detenu is said to have committed theft of cell phones and he admitted commission of the theft in the presence of his roommate. The colleagues of the alleged detenu stated that they witnessed him leaving the hostel on the morning of 25.02.2006 with nightdress and chappals. The roommate of the alleged detenu stated that the alleged detenu used to talk hours together on cell phone to his girl friends by name Sowmya and Swathi. His cell phone data revealed that on 24.02.2006 evening, he received more than 50 missed calls from Sowmya. The said Sowmya stated that after the incident on 24.02.2006, at about 11.00 pm, she telephoned and talked with the alleged detenu and observed him to be in depressed mood. The alleged detenu stole a Blue-tooth headset of his colleague Bhupesh and gifted it to Sowmya, but she returned back the same to Buphesh. On 24.02.2006, his roommate brought dinner to the alleged detenu, but he did

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not take it. The co-students of the alleged detenu stated that they do not know his e-mail ID particulars. The parents of the alleged detenu stated that he had a diamond ring to his finger and gold bracelet to his hand and he does not know swimming. The findings further show that the alleged detenu, while studying Intermediate, attempted to commit suicide by swallowing sleeping pills. The high school teachers and friends of the alleged detenu stated that he was sensitive and gets irritated easily. The report further shows that the close friends of the alleged detenu are being frequently contacted with an intention to secure information about the alleged detenu and those efforts are afoot to trace out the alleged detenu. It is further stated that posters of the alleged detenu were pasted at vantage places and pamphlets were distributed for tracing him.

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The report further reveals that the Final Appreciation Report was submitted on 29.02.2012. On the instructions of the Additional Director General of Police, CID, AP, Hyderabad, efforts are being made to trace out the alleged detenu.

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From the contents of the investigation report filed by the CID, we feel that the CID has taken all possible steps to trace out the alleged detenu. We are satisfied with the steps which are taken and proposed to be taken by the CID. Therefore, we are of the opinion that there is no necessity to entrust the investigation of the case to the

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Central Bureau of Investigation, as sought by the petitioner.

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Even though the petitioner is seeking the relief of habeas corpus, but in the garb of Writ of Habeas Corpus, he is seeking the relief of investigation of the case. The detailed report and the counter filed by the official respondents clearly show that they have already investigated into the case with regard to the missing person. We, therefore, find no laches or lethargy on the part of the CBCID in conducting the investigation.

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Accordingly, the writ petition is dismissed. No order as to costs.

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_________________ Justice N.V. Ramana

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___________________ Justice P.Durga Prasad

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July 27, 2012 MAS.

Alla Ramu v. The State of Andhra Pradesh, represented by

Case brief

What is this about?

What did the court decide?

Alla Ramu v. The State of Andhra Pradesh, represented by

Case brief

What is this about?

What did the court decide?

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