Veyigandla Sampath v. 1. The State of Telangana

Petition under A(icle 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No.6 in giving false final report for the crime No.13512024 regislered U/Sec.194 BNSS without conducting proper enquiry as illegal, arbitrary and in violation of Articles 14, 15, 21 and 300-4 of the Constitution of lndia and also against the principles of natural justice and consequently direct the Respondent No.6 to reinvestigate the Crime No. 1 35 12024 regislered U/Sec.1 94 BNSS by conducting proper enquiry and also by collecting evidence by examining the witnesses properly in the interest of justice IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.6 to reinvestigate the Crime No.135/2024 registered U/Sec. 194 BNSS by conducting proper enquiry and also by collecting evidence by examining the witnesses properly, pending disposal of the above Writ Petition in the interest of justice Counsel for the Petitioner: SRl. JEKA SANJEEV Counsel for the Respondent Nos. 'lto6: GP FOR HOME Counsel for the Respondent Nos. 7to11: -- The Court made the following: ORDER HONOURABLE SRI JUSTICE B. VIIAYSEN REDDY WRIT PETITION No.2181 OF 2025 ORDER:(ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondents No.6 - the Station House Officer, Chennur Police Station, in giving false final report in Crime No. 135 of 2024 without conducting proper enquiry, as being illegal, arbitrary and unconstitutional

2. Learrred counsel lbr thc petitionel submitted that the pctitioner lodged complaint dated 13.01 .2024 with respondent No.6 in connection with death of his father by narne Mr. Veyigandla Venkanna on

12.07 .2024 who comnritted suicide by consuming poison on 1 1.07 .2024. It is submitted that due to the harassment of respondents No.7 to I l, the father of the petitioner committed suicide and pursuant thereto, a case in Crirne No.l35 of 2024 dated 13.07.2024 registered with Chennur Polce Station for the offence punishable under Section 194 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Respondent No.6, without causing proper enquiry, without collecting proper evidence and without recording the statement of the relevant witnesses, closed the case on 2 16J2.2024 by filing final report as 'suicidal death by consuming organophosphorus poison due to ill hcalth'.

3. Learned counsel submitted that one Mr. Dagama Rajaiah S/o Kistitaiah adopted the deceased as he did not have any children Mr. Dagama Rajaiah died on 03.t2.2015 and during his lifetirne, he gave some of his properlies to his tu,o wives by name Late Ms. Dagama Laxmi (died on 2l .11.2024) and Ms. l)agama Posakka, which are his self-acquired properties. After the death of Mr. Dagama Rajaiah, his brothcr by narnc Mr. Dagarna Rarnaiah, (respondent No.7 herein) his sisters by name N{s. .lainpala Posakka (respondent No.8 herein), Ms. Adduri Lachakka (rcspondent No.9 heLein), his brother's son by name Mr'. Dagama Kishtaiah (respondcnt No. l0 herein) and Mr. Jampala Venkanna, son of respondent No.8 (rcspondent No.1I herein), harassed the deccased lbr share in the properties acquircd by him from Mr. Dagarna Rajaiah. Earlier in 2010, the deceased gave Rs.3,00,000/- (Rupees three lakhs only) to resi:rondent No.7 on good will in the presence of Mr. Dagama Rajaiah so that respondent No.7 will not interfere in the propcrtics of the deccased and to that cllect, respondent No.7 has also given an undertaking that he will not ha', e any rights over the properties. Even after receipt of the said amount, under the influence of respondent No.7, respondents No.8 to 11 continued harassing the 3 deceased.

4. Learned counsel submitted that respondent No.7 filed a suit in O.S. No.l08 of 2022 on the file of the leamed Junior Civil Judge, Chennur seeking panition of the properlies and the same is pending' Respondcnt No.7 to 11 demanded the deceased to give huge amounts to withdraw the sai<l suit. That alier the death of Mr' Dagama Rajaiah, the properties were mutated in the name of the deceased and the deceased did not receive any benefits frorn thc Government due to the pendency of the civil suit. It is submitted that unable to bear the mental harassment of respondents No.7 to I1, the cleceased fell ill and underwent brain surgery in 2023. As respondent No.7 to 11 continued harassing and torturing the deceased to give share in the p|operties, on I I '07 '2024 at about 1 1'30 hours, the deceased comrnitted suicide by consuming poison' Learned counsel subrnitted that the deceased was shifted to community Ilealth Centre, Chennur and after first aid, he was shifted and admitted in the Health Care Hospital, Mancherial for better treatment. On 12.0'7.2024 at about 21.30 hours, the deceased died while undergoing treatment' Leamed counsel submitted that the health condition of the deceased was good and onlY because of the disputes with respondents No.7 to l1 and I I I i I I i , I I i 4 continuous harassrnent, the deceased f-ell ill and went into depression and thereafter, comnritted suicide

5. Learned Assistant Govcrnmcnt Pleader for Home has taken preliminary objection with rcgard to the maintainabitity of the writ petition and submittcd that the petitioner has cfTective and alternative remedy before trial Court by liling protest petition or flle a private complaint and seek for re-investigation if aggrieved by the final report. Learned Assistant Govcrnment Plcadel subrnitted that respondent No.6/lnvestigating Officer has lairly oonducted the investigation in the said crime and rccorded the statemcnts of the witncsses. Respondent No.6 visited thc scene ol-offence ancl conducted inqucst over the dead body ol the father ol'l.he petitioner. The visccra, which u,as preserved during the autopsy conducted over the dcad body, rvas lorwarded to Itegional Forensic Scicnce Laboratory (RFSI-), Karirnnagar for its opinion. Basing on the PN,IE repofl and RFSL opinion, thc final report was filed before the lcarnecl Sub-Divisional Exccutivc Magistrate (Revenue Divisional Offlcer), l4ancherial, after obtaining pennission lrom the Assistant Comrnissioner of Police, Jaipur Divisio n vide C. No.27lIFR/ACP-JPR/2024 dated 11.12.2024 by issuing notice to the ,/ W7 ! I 5 petitioner on 16.12.2024. It is submitted that the said notice was received by the petitioner on 06.01.2025

6. Heard leamed counsel lor the petitioner and learned Assistant Government Pleader lor Home, and pen"rsed the material on record

7. It appears that the deceascd fell ill and underwent brain surgery one (l) year prior to his death. The deceased consumed poison on

11.01 .2024. Due to ill health, the deceased was admitted in Community I{ealth Centre, Chennur and was given first aid. Later, the deceased was shifted to Health Care Hospital, Mancherial for better treatment. On 12.01 .2024 at about 21.30 hours, the deceased died while undergoing treatment. It is also stated that respondents No.7 to 1l did not have contact with the deceased since 2020 and the allegation made by the petitioner in the writ affidavit that the deceased was harassed is not true and as per the RFSL opinion, it was fbund that the deceased consumed organophosphorus poison which resulted in his death

8. In view of the above, this Court is not inclined to entertain this writ petition. Accordingly, this writ petition is dismissed giving liberty to the petitioner to file protest petition before the concemed Magistrate or avail 6 any other iegal remedy il'he is aggrieved by the final report. Thcre shall be no order as to costs. As a sequcl thereto, miscellaneous applications, if any, pending in the writ petition stand closed. SD I.N. SRIHARI TRAR //TRUE COPY// AS n :ul:*1: \ secr,oN or FICER g: Ey'#J: i%"' t?5 BP'ie or r er a n g a n a at ".j I ?,13 33 Ji"'Ef i'#'.'8il 3. Two CD CoPies Hvderabad luu I I BM GJP t \ To, HIGH COURT DATED:2710112025 ORDER WP.No.2181 of 2025 F' -\ 1) ..-/ e oF r€( .$ -? !. ^$\' ,.L ..,1n Ir DISMISSING THE WRIT PETITION WITHOUT COSTS tl- 3s 4 y9 I I I I 1 I I I I i I I I i i I I I