IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. Manmadha Rao, J.
Alla Ramu – Petitioner
Versus
The State of Andhra Pradesh and Ors. – Respondents
Writ Petition No. 42344 of 2016
Decided On : 18-06-2024
(A) Constitution of India - Article 226 - Writ of Mandamus - Petition filed for issuance of a certificate regarding the whereabouts of a missing person - The petitioner contended that the police failed to trace his son who went missing due to ragging - The court noted that the police had conducted an investigation and declared the person undetectable - The court held that no further orders were required as the police had already issued a certificate stating the same. (Paras 1, 8, 11)
(B) Evidence Act, 1872 - Section 108 - Presumption of death - The court reiterated that if a person is not heard of for seven years, the burden of proof shifts to the person affirming that the individual is alive - The court emphasized the need for evidence to establish the status of the missing person. (Paras 9, 10)
(C) Specific Relief Act, 1963 - Section 34 - Discretion of Court - The court highlighted that a declaration of status or right can be made at the discretion of the court, but not if the plaintiff can seek further relief. (Para 9)
Facts of the case:
The petitioner sought a certificate regarding his son who went missing from a hostel in 2006, alleging negligence in the investigation by the police.
Findings of Court:
The court found that the police had conducted an investigation and issued a certificate stating the son was undetectable, thus no further orders were necessary.
Issues: The main issue was whether the police had fulfilled their duty in investigating the disappearance and issuing the necessary certificate.
Ratio Decidendi: The court ruled that the police had acted within their authority and issued the required certificate, thus the writ petition was not maintainable.
Result: Writ Petition disposed of.
ORDER :
K. Manmadha Rao, J.
1. This petition is filed under Article 226 of the Constitution of India for the following relief:-
2. The precise case of the petitioner is that he is the father of Mr. Alla Aravind Babu, who missed from Hostel in NRI Medical Academy due to ragging done by some senior students. Therefore, the petitioner has lodged a complaint before the police, who failed to conduct the investigation. In consequence of this Court order, investigation was entrusted to 3rd respondent and filed a final report bringing to the notice of the Court due to time lapse they were unable to conduct investigation and accordingly they could not trace his son. The petitioner made a representation on 26.02.2016 and 15.06.2016 requesting to issue certificate to the petitioner, but the 3rd respondent had given a reply that the petitioner's petition was received on 17.06.2016 and that it has no power to register and investigate the case or petitioners without the instructions of the Head Office, which is against the order of this Court in W.P. No.8290 of 2006. Therefore, the petitioner has filed a Habeas Corpus Writ Petition No. 20338 of 2012, wherein, the 3rd respondent stated in its counter that investigation is completed and they were not in a position to trace out him, this Court was pleased to record the same and closed the writ petition on 27.07.2012. Therefore, this writ petition came to be filed to issue certificate that the whereabouts of his son, who missed from the Hostel Room No. 217, NRI Medical College Hostel, China Kakani, Guntur District from 22.02.2006.
3. Mr. J.U.M.V. Prasad, learned counsel for the petitioner and Ms. Y.L. Sivakalapana Reddy, learned Standing Counsel for the respondents/ CBCID.
4. During hearing learned counsel for the petitioner reiterated the contents urged in the writ affidavit. Whereas, learned Standing Counsel for the respondents categorically submitted that a case in Crime No. 31 of 2006 under head "Man Missing" was registered on 01.03.2006 at Mangalagiri Rural Police Station, regarding the missing of the son of the petitioner based on the complaint lodged by the Warden of the Boys Hostel, NRI Medical College, Mangalagiri. Subsequently initial investigation was done, later it has transferred to CID. Due to merger of CID, RO, Guntur with the CID, RO, Vijayawada, the said crime was transferred to Vijayawada, who making all possible efforts to trace the son of the petitioner and filed report referring the case as 'undetectable' before the Court of VI Additional Junior Civil Judge, Guntur on 31.10.2013 vide RCS No. 2 of 2015, which was informed to the petitioner under acknowledgement dated 11.04.2014. The petitioner instead of approaching the CID, RO, Vijayawada, again approached CID, RO, Guntur for issue of required certificate. Subsequently considered the representation of the petitioner dated 16.12.2016 and after perused the entire record, issued a certificate to the petitioner stating that after thorough investigation by the police, his son was not traced, that the Crime No. 31 of 2006 was referred as undetectable on 31.10.2013 and filed report before the Court of VI Additional Junior Civil Judge, Guntur. Therefore, requested to pass
AI
The court affirmed that the police's issuance of a certificate regarding a missing person suffices, and no further orders are necessary if the investigation has been conducted.
A legal heir certificate can be issued without a death certificate if a person has not been heard from for over seven years, invoking the presumption of death under Section 108 of the Indian Evidence....
Legal heir certificates cannot be issued by administrative authorities based solely on presumption; a judicial declaration of death is required under the law.
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