IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.4945 of 2002 Between: Smt. Vemula Venkatamma, W/o. Late Vemula Gopal, R/o. Siddapuram Village, Atmakur Mandal, Kurnool District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Secretary Department of Home, Secretariat, Hyderabad. 2 Superintendent, Sub-Jail, Proddutur, Cuddapah District. 3 Inspector of Police, Duvuru Police Station, Duvuru, Cuddapah District. 4 Inspector of Police, Atmakur Police Station, Kurnool District. 5 Circle Inspector, Crime Central Squad, Kurnool, Kurnool District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ of Mandamus or any other appropriate Writ or direction declarint action of the 1st respondent in not taking action on the authorities responsible for causing the death of petitiioner's husband Vemula Gopal as illegal, unjust and improper and direct the 1st respondent to take actionagainst the police personnel responsible for the death of petitioner's husband Vemula Gopal and consequently direct the 1st respondent to pay the compensation of Rs.5 Lakhs to the petitioner for the custodial death of her husband, and pass Counsel for the Petitioner:MR.P.GANGA RAMI REDDY Counsel for the Respondent No.: GP FOR HOME The Court made the following: Form-NIC-OGS/WP{ANURADHA} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.4945 of 2002 ORDER: It is the case of the petitioner that her husband Vemula Gopal was arrested on 22.04.2001 along with 8 others in connection with Cr.No.68/1999 of Atmakur P.S. Kurnool District for the offence under Sec.395 of IPC. It is stated that after subjecting her husband to torture and causing injuries to the body in the name of interrogation, he was produced before the Judicial First Class Magistrate, Atmakur and the learned Magistrate remanded him to judicial custody and he was kept in sub-jail Nandikotkur. Thereafter, the Inspector of Police, Duvvur Police Station, Kadapa District has taken the husband of the petitioner alleging that he was involved in some other offences and kept him in the police custody. Thereafter, the petitioner received a letter dated 10.11.2001 from the Sub-Jail Superintendent, Proddutur, Kadapa District, stating that her husband died on 09.11.2001. It is the case of the petitioner that her husband was aged 23 years and he was hale and healthy and he was not at all suffering from any disease and therefore, her husband died because of torture at the time of interrogation and indiscriminate beating of the police on the body of her husband, particularly on the abdomen and other vital parts of the body. It is further stated that a statement was also published in the newspapers dated 10.11.2001 about the death of her husband in the police custody. The petitioner further submits that the police caused injuries on the body of her husband and he was shifted to Government Hospital, Kadapa and thereafter he was shifted to Government Hospital, Kurnool, and as his condition was serious, he was again shifted to Osmania General Hospital where he died on 09.11.2003. The petitioner alleged that because of the torture and the injuries caused to him alone the death of her husband was occasioned and therefore, the petitioner is entitled for compensation of an amount of Rs.5 lakhs. A counter has been filed stating that the husband of the petitioner and 8 others were arrested in connection with Cr.No.68/99 of Atmakur P.S. for the offence under Sec.395 of IPC and produced them before the Judicial Magistrate of First Class, Atmakur, Kurnool District by the 4th respondent. The Court remanded the husband of the petitioner and other accused to judicial custody and accordingly, the husband of the petitioner was kept in sub-jail at Nandikotkur. It is further stated that a case in Cr.No.78/2000 of Duvvur P.S. was also registered under Sec.395 IPC against the husband of the petitioner and others on 20.11.2000 and investigation was pending, and after receiving the information about the arrest of the husband of the petitioner, the 3rd respondent filed an application before the concerned Court to issue PT warrants against the accused including the husband of the petitioner in Cr.No.78/2000 of Duvvur Police Station, and on receipt of PT warrants, the husband of the petitioner and other accused were taken from the Sub Jail, Nandikotkur to the Sub-Jail Proddatur where they were the under trial prisoners in connection with Cr.No.78/2000 in Sessions Case No.299/2001 on the file of the Assistant Sessions Judge’s Court, Proddatur. It is stated that during that period, the husband of the petitioner was admitted in Government hospital, Proddatur thereafter he was shifted to Government hospital, Kurnool and as his position was serious he was shifted to Osmania General Hospital, Hyderabad and while he was undergoing treatment, he died on 09.11.2001. On a complaint made by the escort police, Afzalgunj Police registered a case in Cr.No.543/2000 under Sec.176 Cr.p.c. Thus, it is the case of the respondents that there was no torture or caused injuries on the body of the husband of the petitioner by the police, and the husband of the petitioner was admittedly in the judicial custody from the date of his remand i.e. from 25.05.2001 till the date of his death. Heard on either side and considered the material available on record. Pursuant to the orders of this Court, directing the Government Pleader to produce the medical reports relating to the husband of the petitioner and also the medical records maintained in the hospitals in which he was treated, especially the record maintained in the Osmania General Hospital and the Government Hospital, Kurnool where he was treated, the Government Pleader produced the relevant medical records. A perusal of the said medical records go to show that the husband of the petitioner was remanded to judicial custody on 25.05.2001 and while he was suffering from fever, he was given treatment many times at the Government Hospital, Proddutur and finally he was shifted to Government Hospital, Kadapa on 30.10.2001. Again he was shifted to Government Hospital, Kurnool on 07.11.2001 and therefrom referred to Osmania General Hospital on 09.11.2001 and there he died while undergoing treatment . The learned counsel appearing for the petitioner submits that the husband of the petitioner could not have been died for the fever as indicated in the medical reports, but however, any fever, cold and headache it must have been the result of the torture and the injuries caused to the husband of the petitioner. The cause for fever, cold and headache may be the result of torture and the injuries caused to the husband of the petitioner, but in the absence of any medical record or any complaint made by the deceased as and when he was produced before the concerned Magistrate on every 15 days, it cannot be said that the police have tortured him and caused him injuries. Therefore, in the absence of any record, it cannot be said that the death of husband of the petitioner was occasioned due to torture and the injuries said to have been caused by the police. Having regard to the facts of the case, as no negligence on the part of the police is established, the petitioner is not entitled for any relief in the present writ petition. The Writ Petition is, accordingly, dismissed. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 02.07.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of Andhra Pradesh, Rep. by its Secretary Department of Home, Secretariat, Hyderabad. 2 Superintendent, Sub-Jail, Proddutur, Cuddapah District. 3 Inspector of Police, Duvuru Police Station, Duvuru, Cuddapah District. 4 Inspector of Police, Atmakur Police Station, Kurnool District. 5 Circle Inspector, Crime Central Squad, Kurnool, Kurnool District. 6. 2CCs to 7. 2CD copies