THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.28511 of 2008 Dated:20.10.2010 Between: S.Narayan Naik .. Petitioner And The Superintendent of Police (Rural), Ranga Reddy District, Camp at Vikarabad and others .. Respondents ORDER: This writ petition is filed seeking a writ of Mandamus directing the 1st respondent to investigate into Crime No.111 of 2008 on the file of the Mominpet Police Station, Ranga Reddy District, and to apprehend the real culprits and punish them in accordance with law. The case of the petitioner is that he belongs to Scheduled Tribe community. His son by name Sabavath Jayapal Naik was studying 7th Class in Zilla Parishad High School, Mominpet Village. As the school is 15 KMs., away from his residence, he admitted his son into Government S.C. Boys Hostel at Mominpet. It is stated that his son was harassed by the Warden of the said hostel. As his son protested the illegal activities of the Warden, due to the unbearable harassment, the Warden bore grudge against his son and beat him mercilessly on many occasions. On knowing the same, he went to the hostel and on enquiries it was revealed that his son along with some other students were tortured by the Warden by not providing food and clothing to them. When the petitioner questioned the same, the Warden stated that if he was not satisfied, he could take his son from the hostel. While so, on 23.10.2008, he made a phone call to the Warden to know about the welfare of his son, and the Warden stated that his son was a rowdy and his whereabouts were not known to him. Then immediately he went to the hostel and came to know that his son was missing since 21.10.2008 onwards. It is the duty of the Warden and the Watchman of the hostel to inform him about his son’s missing. They neither informed to him nor to the police about the fact of the missing of his son. However, on 24.10.2008, he received information from the 3rd respondent that his son was found dead in a well, his body was fished out and the same was in a decomposed state. He along with his relatives rushed to the spot and found that his son was killed about two days back and the dead body was thrown into the well. Basing on the complaint given by the Kalvalkar of Mominpet Village, the 3rd respondent registered a case in Crime No.111 of 2008 for the offence punishable under Section 302 IPC, without mentioning the names of the accused. In spite of taking steps by the petitioner to punish the real culprits, the respondents 2 and 3, under the influence of the Warden, intentionally avoiding to investigate into the matter. Hence, the Writ Petition. A detailed counter affidavit has been filed by the 2nd respondent denying the allegations made by the petitioner. It is stated that the son of the petitioner was found dead on 24.10.2008 and as per the report given by the Kalvalkar of Mominpet Village, a case in Crime No.111 of 2008 for the offence punishable under Section 302 of IPC was registered by the Mominpet Police and investigation was taken up by the Probationary Deputy Superintendent of Police, Mominpet Police Station, and as many as ten witnesses, who were students of the Welfare Hostel, including the Warden, were examined, but nothing could be elicited from them. There is no evidence collected so far to the effect that the Warden and the Watchman of the Government S.C. Boys Hostel, Mominpet, are responsible for commission of the offence punishable under Section 302 of IPC. Therefore, the investigation is still going on. Heard learned counsel for the petitioner and learned Government Pleader for Home. Having regard to the facts and circumstances of the case, the Writ Petition is disposed of directing the respondents to complete the investigation as early as possible and take appropriate steps as per law. The Writ Petition is, accordingly, disposed of. There shall be no order as to costs. ______________ C.V.RAMULU, J 20.10.2010 KH