tVlr. Amgoth Hernia v. 1. The State of Telangana

12.Mr. M. Lingaiih,, Circle lnspector of Police and lnvestigating Officer Kesamudram Police Station, [t4ahabubabad District 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 a Writ, Order or direction more particularly one in the nature of ...RESPONDENTS Writ of [r/landamus declare the inaction on the part of the respondent No.12 in refusing to receive the evidence namely (1). Photographs of the deceased Amgothu Garresh, (2) Recording the statements of the witnesses namely Venkata Lakshmi, Banoth Lakshmi, Shobha Angoth and Prabhakar and (3) collecting the lall Data Record (CDR) of the deceased Amgothu Ganesh as well as the resporrdents 5 to 11 herein for conducting fair investigation in Crime No.178 of 20t,7 on the file of the P.S. Kesamudram, [Vlahabubabad District, as illegal, arbitrary and violative of Article 14 of the Constitution of lndia. apart from being violativ: of principles of natural justice, and consequently direct the respondent No.12 to receive the Photographs of the deceased Amgothu Ganesh, (2). Record trre statements of the witnesses namely Venkata Lakshmi, Banoth Lakshmi, Shobha Angoth and Prabhakar and (3) collect the Call Data Record (CDR) of the deceased Amgothu Ganesh as well as the respondents 5 to 11 herein and conduct fair investigation in Crime No.178 of 2017 on the file of the P.S. Kesamuclram, [t/,lahabubabad District. NO: 1 P F 201 petitior 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.12 to receive the Photographs of the deceased Amgothu Garresh, (2). Record the statements of the witnesses namely Venkata Lakshmi, Banoth Lakshmi, Shobha Angoth and Prabhakar and (3) collect the Call Data Record (CDR) of the deceased Amgothu Ganesh, as well as the respondents 5 to 11 herein and conduct fair investigation in Crime No.178 of 2017 on the tile of the P.S. Kesamudram, N/lahabubabad District, pending final disposal of the main writ petition. Counsel for the Petitioner: SRI T LAKSHMI NARAYANA ( NOT PRESENT) Counset for the Respondents No 1 To 4: SRI M. SRINIVAS, AGP FOR HOME Counsel for the Respondents No 5 To 12 :--- The Court made the following: ORDER 1 THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.39951 oF 20L7 ORDER: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:- "...to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on the part of the respondent No. 12 in refusing to receive the evidence namely (1). Photographs of the deceased Amgothu Ganesh, (2)- Recording the statements of the witnesses namely Venkata Lakshmi, Banoth Lakshmi, Shobha Aqgoth and Prabhakar and (3) collecting the Call Data Record (CDR) of the deceased Amgothu Ganesh as well as the respondents 5 to 11 herein for conducting fair investigation in crime No.178 of 2Ol7 on the {ile of the P.S. Kesamudram, Mahabubabad District, as illegal, arbitrary and violative of Article 14 of the Constitution of lndia, apart from being violative of principles of natural justice, and consequently direct the respondent No- i2 to receive the Photographs of the deceased Amgothu Ganesh, (2). Record the statements of the witnesses namely Venkata Lakshmi, Banoth Lakshmi, Shobha Angoth and Prabhakar and (3) collect the Call Data Record (CDR) of the deceased Amgothu Ganesh as well as the respondents 5 to 11 herein and conduct fair investigation in Crime No.178 of 2Ol7 on the file of the P.S. Kesamudram, Mahabubabad District, and pass..."

2. None appeared on behalf of the petitioner

3. Heard Mr.M.Srinivas, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4.

4. Learned Assistant Government Pleader for Home, on written instructions, submits that, pursuant to the petitioner's representation dated 24.07.2017, Crime No. 178 of 2OL7 was registered under Section 174 of the Code of Criminai Procedure in relation to a case of suspicious death. The matter was duly l-,. -' *. : ,i { tr:f ,f \ -.: - 2 investigat-ed, and upon examination of the Post-Mortem Report, the report of the Regional Forensic Science Laboratory, Warangal, and the rtpinion of a Professor from Kakatiya Medical Coliege, it '6ras opin:d that "diatoms found in the taater and iru the sternum of tlle deceased are similar, and no poisonous substances were detected in tLrc uiscera." It was further reported that no fractures or contusions were found on the hyoid bone. Consequeutll', a final re1>ort was filed on 29.O8.2O19 before the Judicial Magistrate of First Class, Mahaboobabad, classifying the cause of death as "death due to drouning."

5. I have perused the material placed on record

6.- Ha',ring regard to the submissions advanced and the developnrents reported by the learned Assistant Government Pleader, and in the absence of any material indicating an improper or biased investigation, this Court is of the considered view tha: nothing further survives for adjudication in the present writ petition. However, liberty is reserved to the petitioner to ltle ao eppfr)priate application seeking revival of this writ petition, should lte remain aggrieved or possess any further grounds for consideration. J

7. Accordingly, this writ petition is disposed ol There shall be no order as to costs. Miscellaneous Petitions, pending if any, shall stand closed. SD/. M. OSMAN ALI BAIG ISTANT REGIS //TRUE COPYII N OFFICER To,

1. The Principal Secretary, Department of Home, State of Telangana, Secre"tariat Build ings, Hyderabad. 2'. The Director General of Police,, State of Telangana, 0/o. DGP, Lakadikapool, Hyderabad - 500 004.

3. The Superintendent of Police,, lVahabubabad District, l\4ahabubabad, State of Telangana.

4. The Station House Otficer,, Kesamudram Police Station, lVahabubabad ' District 5. One CC to SRI T. LAKSHIVI NARAYANA, Advocate [OPUC] 6. Two CCs to GPfOR HOIVIE ,High Court for the State of Telangana at Hyderabad. [OUT]

7. Two CD Copies DAN TKS -/*l.l , { i / HIGH COURT DATED:'1311012025 ORDER WP.No.3'9951 of 2017 s () 2 4 FIB * DISPOSING OF THE WRIT PETITION WITHOLIT COSTS ,$ r)*