THE HON'BLE SRI JUSTICE C.V. RAMULU WRIT PETITION NO : 17600 of 2008 Dated: 2.11.2010 Between: Burla Sambaiah .... PETITIONER AND 1 The Government of A.P., rep., by its Principal secretary, Home department, Secretariat, Hyderabad and others. .....RESPONDENTS The Court made the following : THE HON'BLE SRI JUSTICE C.V. RAMULU WRIT PETITION NO : 17600 of 2008 ORDER: This writ petition is filed seeking a mandamus to direct the Central Bureau of Investigation to investigate into the crime in FIR No.19 of 2008 registered in the Muppala Police Station, Muppala Mandal, Guntur District and to declare the action of respondent No.5 in registering the FIR No.19 of 2008 under Section 174 Cr.P.C. as illegal an arbitrary or in the alternative to direct respondent No.1 to transfer the case to the Crime Investigation Department of the State Police so that investigation may be conducted fairly or in the alternative to direct respondent No.1 to transfer the case to a police officer not below the rank of Deputy Inspector General of Police so that transparency in the investigation may be expected. It appears that 19 years old daughter of the petitioner by name Burla Nagamma was found missing on 5.5.2008. On 9.5.2008, the villagers came to know that there was a dead body in decomposed state and emitting foul smell in a dilapidated house and that was found to be that of daughter of the petitioner. Therefore, he made a complaint, which was registered as a case in FIR No.19 of 2008 of Muppala Police station, Guntur District. The grievance of the petitioner is that the case is registered under Section 174 Cr.P.C., instead of invoking the provisions of Section 302 of IPC to apprehend the culprits. Both press and electronic media reported that it was a gang rape and murder. In spite of that, the police have not taken the investigation properly. Therefore, this writ petition is filed. There is no necessity of going into all the details. The 3rd respondent filed a detailed counter and denied the allegations made by the petitioner. It is stated that the S.I. of police, Muppalla Police Station has taken up investigation and he had examined as many as eight witnesses and the investigation is still pending and no clues were revealed as on today i.e., 19.9.2008. Under those circumstances, the 3rd respondent is directed to expedite the investigation and complete the same, if not already completed and file a final report as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order. Accordingly, the writ petition is closed. ____________________ Justice C.V. Ramulu Dated:2.11.2010 Nn. THE HON'BLE SRI JUSTICE C.V. RAMULU WRIT PETITION NO : 17600 of 2008 2.11.2010