IMPORTANT POINT
The main legal point established in the judgment is the requirement of a prima facie case of unlawful detention for a writ of Habeas Corpus and the limitations of the writ in cases of missing persons or dead bodies.

ORDER :

(K. Lakshman, J.)

Heard Sri Ravi Kumar Vadlakonda, learned counsel appearing for the petitioner and Sri G. Mallesham, learned Assistant Government Pleader representing learned Additional Advocate General. Perused the record.

2. This Writ Petition is filed to issue Writ of Habeas Corpus to direct the respondents to produce Mr.Rasamalla Ravi Kumar, S/o.Lingaiah before this Court, who is victim in F.I.R.No.127 of 2021 dated 27-06-2021 pending on the file of respondent No.4.

3. Petitioner herein lodged a complaint with respondent No.4 on 27-06-2021 stating that her brother was murdered by his wife and others. On receipt of the said complaint, Police, Luxettipet Police Station have registered a case in Crime No.127 of 2021 for the offences punishable under Sections 302 and 201 r/w.34 of IPC. On completion of investigation, they have laid charge sheet against Smt.Rasamalla Shailaja, wife of deceased, Mr.Medi Gangaraju and Mr.Kodi Sai Kumar for the aforesaid offences. The same was taken on file vide S.C.No.201 of 2022.

4. Sri Ravi Kumar Vadlakonda, learned counsel appearing for the petitioner would contend that the Investigating Officer in the aforesaid Crime has filed charge sheet without conducting proper investigation and without recovering the body. He has not made any effort to recover the body. The Investigating Officer conducted investigation in collusion with accused and he has not properly conducted investigation. Therefore, investigation may be entrusted to the Commissioner of Police, Ramagundam, Peddapalli District.

5. Whereas, respondent No.4 filed counter affidavit and additional counter affidavit narrating the entire efforts made by the Investigating Officer in tracing out the body and also the investigation conducted in F.I.R.No.127 of 2021. List of witnesses, etc., was also specifically mentioned.

6. As discussed supra, this Court has to decide whether there is any illegal detention of the detenu. In the present case, there is no illegal detention of any detenu. It is the specific allegation of the petitioner that the Investigating Officer filed charge sheet without tracing the body of the deceased. Investigation was not conducted in a fair and transparent manner. Therefore, petitioner cannot file Writ of Habeas Corpus. In fact, she has to file appropriate writ seeking a direction to the Investigating Officer or higher officials to conduct investigation in a fair and transparent manner. She cannot file Writ of Habeas Corpus.

7. Habeas Corpus is a latin term meaning thereby “you must have the body”. This facet of the writ of Habeas Corpus makes it a writ of the highest constitutional importance being a remedy available to the lowliest citizen against the most powerful authority. That is why it has been said that the writ of Habeas Corpus is the key that unlocks the door to freedom. It is called as ‘the great and efficacious writ in all manner of illegal confinement’. One of the authors in his Constitutional History of England described writ of Habeas Corpus as ‘the first security of civil liberty’.

8. Proceedings in Writ of Habeas Corpus are summary in nature. This Court has to decide the same basing on the affidavits filed by the parties. In a Writ of Habeas Corpus this Court has to decide whether there is any detention much less illegal detention of the victim. Writ of Habeas Corpus is a prerogative writ. Therefore, petitioner must show prima facie case of unlawful detention. The Hon’ble Apex Court in Union Of India vs Yumnam Anand M. @ Bocha @ Kora @ Suraj and another : (2007) 10 SCC 190, held as follows:

"Article 21 of the Constitution having declared that no person shall be deprived of life and liberty except in accordance with the procedure established by law, a machinery was definitely needed to examine the question of illegal detention with utmost promptitude. The writ of habeas corpus is a device of this nature. Blackstone called it "the great and efficacious writ in all manner of illegal confine