High Court · 2025

THE HONOURABLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION NO: 7264 OF 2025 Between: Purella Ammaye @ Rajeshwari, Wo. Kailasam, Age. 52 .Years, Occ. Housewife, Fyo. H. No. 7-Y2, Mangalapally, Kamanpur, Peddapalli District. ...PETITIONER Department, Secretariat Buildings, Hyderabad. AND 1 . The State of Telangana, represented by its Principal Secretary to the Home 2. Th6 Commissioner of Police, Ramagundam Commissionerate, Ramagundam, 3. The Deputy Commissioner of Police, Peddapalli, Peddapalli District. 4. The Stdtion House Officer, Godavarikhani -l Town, Godavarikhani, Peddapalli Peddapalli District. . District.

5. Purella Mounika @ Uskamalla Mounika, Wo. Late Purella Sagar, Age' 3'1 Years, Occ. Housewife, Fl/o. H. No. 1-68, Arepalli Village, Jaipur Mandal, Mancherial District. H. No. 1-68, Arepalli Village, Jaipur Mandal, Mancherial District.

6. Uskamalla Vijay, S/o. Uskamalla Narayana, Age. Major, Occ. Business, Rl/o. 7. Uskamalla Narayana, S/o. Not known to the petitioner, Age. Majol Oc9. Business, R/o. H. No. 1-68, Arepalli Village, Jaipur Mandal, Mancherial District.

8. Uskamalla Sathemma, W/o. Narayana, Age. Major, Occ. Housewife, Fl/o H. No. '1-68, Arepalli Village, Jaipur Mandal, Mancherial O'.,n"].*TTTONDENTS ' Petition under Article 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 an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondent No's. 2 and 3 in not taking any steps considering the representation of the petitioner dated 12-08-2024, tor entrusting the F.l.R. No. 111 of 2024' o't Godavarikhani-l Town, for further impartial investigation to any other investigation officer particularly not less than the rank of Assistant Commissioner of Police, for taking necessary action against the respondent No's. 5 to 8 in accordance with w /rr Law, is nothing but arbitrary, illegal, null and void and violative cf principles of natural justice and ralso violative of Articles 14 and 21 of the Constitution of lndia. Consequently direcl the respondent No's. 2 and 3 to consider the representation of the petitioner dated 12-08-2024, lhereby entrust for further impartiral investigation in F.l.R. No. 1 1 1 ctf 2-024, of Godavarikhani-l Town, to any otherr investigation officer particularly rrot less than the rank of Assistant Commissionr:r of Police for taking necessary action against the respondent No's. 5 to B. lA 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's;. 2 and 3 to consider the representation of the pretitioner dated 12-08-2024, for enh'usting further impartial investigation in F.l.R. No. 1'l 1 oI 2024, of Godavarikhani-l Town, to any other investigation officer particularly not less than the rank of Assistant Commissioner of Police. Counsel for the Petitioner: SRI K.VENUMADHAV Counsel for the Respondent Nos.1 TO 4: GP FOR HOME Counsel forthe Respondent Nos.5 TO 8: - The Court made the following: ORDER n ORDER THE HON,BLE SRI JUSTICE T. VINOD KUMAR ?- Writ Petition No. 7264 of 2025 Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.1 to 4, and with the consent of the learned counsel appearing for the pafties, the Writ Petition is taken up for hearing and disposai at the admission stage.

2. Having regard to the manner of disposal of the Writ Petition at the admission stage and the /s involved, this Court is of the view that notice to unofficial respondent Nos.5 to B is not necessary for adjudication of the present Writ Petition.

3. The case of the petitioner, in brief, is that though she had approached the respondents-authorities and submitted a representation dt.tz.08.2024 for re-investigation into the cause of death of her son, the said complaint is not being looked into by reopening and causing re- investigation, which action it is contended is highly illegal and arbitrary.

4. Per contra, learned Government Pleader for Home appearing for respondent Nos.1 to 4 would submit that initially a case of suspicious death of a man was registered by the authorities, vide Crime No.111 of 2024, dt.27.02.2024, who the petitioner claimed as her son, viz., Purella Sagar; and that the respondents-authorities after conducting enquiry revealing that the deceased was admitted in SCCL Area Hospital for ill- 2 6 health on 2202.2024, but on 24.02.2024 at 10.00 a.m. the d,:ceased has absconded frorrr male surgical ward in Area Hospital, consurned alcohol heavily and fbund dead in drainage canal in Laxminagar area. It is also contended that as per technical evidence and witnesses' staternents, there was no doubt as to the death of deceased. Accordingly, thr,: authorities have filed final repod into the Court on 30.06.2024 under Section 174 Cr.P.C. recordin{l as "Action Dropped".

5. Learned (;overnment Pleader further submits that if the petitioner is aggrieved by the aforesaid final report filed before the Cout cropping the action, it was always open for her to approach the concernerl Magistrate before whom the flnal report is flled by making an application seeking re- investigation and as such the present Writ Petition as filect cannot be entertained.

6. I have taken note of the respective contentions urged

7. Though the petitioner claims of the authorities initiall!, registering an FIR on 27,02.2024 and submitting a final report on 30.06.i1024 closing the aforesaid crime as "Actlon Dropped", since, the authorities did not conduct investigation properly entertaining a doubt as to the cause of death, as sur:h, she having approached the concerned autirorities and submitted a representation dt.12.08.2024 seeking re-investigat,on, the final report ;rs filed by the respondents-authorities into thr:t Cout on

30.06.2024, on the other hand, records that the cause cf death of ".,.. deceased is due to consuming alcohol heavily and being found dead in a drainage canal in Laxminagar area with an injury on his throat. B' If the petitioner doubts the correctness of the cause of death of her son or as to the investigation caused or the findings recorded, she has remedy under Section 156(3) of Cr.p.C. [Section l7S(3) ot BNSS] to make an apprication to the Magistrate for it to be considered. Admittedry, the petitioner did not avair the remedy provided under: the code and instead was by the present petition filed after nearly nine months after the filing of the final report and the said final report having been accepted by the concerned Court, is seeking for reopening and re_investigation into the aforesaid crime, which course of action cannot be permittecl. If at all the petitioner is aggrieved by the final report filed by the respondents in the aforesaid crime, it is open for her to approach the concerned court/Magistrate by making an apprication as provided under the code seeking for re-investigation into the crime, for it to be considered. 9 Subject to above observation, the Writ petition is disposed of. No order as to costs.

10. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE GOPY// sD/-L.LAKSHMI BABU EPUTY REG SECTION OFFICER To

1. The Principal Secretary.to the Home Department' Secretariat Buildings' , Til3%3h",*lj"lSL?:tl E3'i.%1 H, mus u nd a m co m m i ssi o ne rate, Ram as u nd am, ?if; :'$Sf-tyS'#'B+f"?:B'":3ii5k[:fl ii'f i,l"3SS39]L?i,?l;ijeeddapa* B?iiil3'3.'if5itX=.t'&HTfr''rttl"*"e':f?"Y8reorre,ansana,at Hvderabad. [OUT]

7. Tfro CD CoPies \$r- PSK. ;., '.:,x ...rtx HIGH COURT DATED:1 010312025 ORDER WP.No.7264 of 2025 \o\ ! ) Y _+ () l Ht S r.\ t C r t,) ii !ii 2 1 API 2ffi .\.,. -, - ,. .... --: --. - -.' DISPOSING OF THE WRIT PETITION WITHOUT COSTS t+ A l-l