APHC010531212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] TUESDAY, THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 27156/2025 Between: 1. PANCHAPARVALA RAJYALAKSHMI, W/O. PANCHAPARVALA DONTHULESWARARAO AGED ABOUT 46 YEARS, OCC HOUSE WIFE, R/O. 2-30-A, ANJANEYASWAMI TEMPLE, TARAKATURU, GUDURU, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATHI. 2 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, AMARAVATHI. 3. 3. THE COMMISSIONER OF POLICE, NTR COMMISSIONERATE, ANDHRA PRADESH. 4. 4. THE SUPERINTENDENT OF POLICE, NTR DISTRICT, ANDHRA PRADESH. 5 5. THE STATION HOUSE OFFICER, . BHAVANIPURAM P.S., NTR DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one 2 in the nature of Writ of Habeas Corpus directing the respondents particularly respondent No. 4 and 5th to produce Panchaparvala Donthuleswararao S/o Panchaparvala Venkata Harinadha, aged about 47 years, resident of 76-14- 227/A, Teachers Colony, Bhavanipuram, Vijayawada, forthwith before this Honble court and be pleased to pass Counsel for the Petitioner: 1. CHALLA AJAY KUMAR Counsel for the Respondent(S): 1. THE ADVOCATE GENERAL 3 The Court made the following ORDER: (per Hon’ble Justice Sri R.Raghunandana Rao) Heard the learned counsel for the petitioner and the learned Government Pleader in the office of learned Advocate General appearing for the respondents. 2. The petitioner has approached this Court seeking a writ of Habeas Corpus to direct the official respondents to trace out and find her husband who is said to be missing. 3. The case of the petitioner is that her husband had filed FCOP No.665 of 2016 against her in the Family Court-cum-IV Additional District Judge, Vijayawada for dissolution of their marriage. However, this petition came to be dismissed by an order dated 07.05.2021. She contends that her husband, started living with another lady. This lady, in turn, is said to have given a complaint to the Bhavanipuram Police Station, NTR District, that the husband of the petitioner is missing. This complaint, dated 29.03.2025, came to be registered as Crime No.160 of 2025. 4. The petitioner has now approached this Court with the contention that the police authorities are not taking adequate steps to ascertain the actual facts and to trace and find her husband. 5. Learned Government Pleader, on the other hand, disputes the maintainability of the present writ petition relying on the judgment of the High 4 Court of Madhya Pradesh in the case of Simmi Bai vs. Shrimaan Police Mahanirikshak Mahodaya and Others1. 6. In this judgment, the Hon’ble High Court of Madhya Pradesh, relying on the judgment of Hon’ble Supreme Court, in the case of Kanu Sanyal vs. District Magistrate, Darjeeling,2 had taken the view that a Writ of Mandamus is only maintainable in case of a missing person and it cannot be taken up by way of a Writ of Habeas Corpus. 7. With the respectable arguments, this Court has taken the said view. The present case is regarding missing of a person and is not the case of illegal detention by one person or the other. 8. In the circumstances, this Writ Petition is closed, leaving it open to the petitioner to avail her remedies in accordance with law. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J ________________ T.C.D. SEKHAR, J Date: 07.10.2025 KA 1 2025 SCC OnLine MP 893 2 (1973) 2 SCC 674 5 188 THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 27156/2025 Date: 07.10.2025 KA