IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 504 of 2009 Between: Smt. Budda Krishnaveni, W/o. Nageswara Rao, R/o. Latchapuram Village, Dammapeta Mandal, Khammam District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad. 2 The Superintendent of Police, West Godavari District at Eluru. 3 The Deputy Superintendent of Police, Jangareddigudem, W.Godavari District. 4 The Inspector of Police, Jangareddigudem Circle, Jangareddigudem, West Godavari District. 5 The Sub Inspector of Police, Chinthalapudi Police Station, Chinthalapudi, West Godavari District. 6 Budda Nageswara Rao, S/o. Ammana, R/o. Khandrikagudem, Chintalapudi Mandal, West Godavari District. 7 Budda Ademma, W/o. Ammana, R/o. Khandrikagudem, Chintalapudi Mandal, West Godavari District. 8 Budda Parvathi, W/o. Nageswara Rao, R/o. Khandrikagudem, Chintalapudi Mandal, West Godavari District. 9 Budda Rajayalakshmi, D/o. Nageswara Rao, R/o. Khandrikagudem, Chintalapudi Mandal, West Godavari District. 10 Budda Veerabhadra Rao, S/o. Nageswara Rao, R/o. Khandrikagudem, Chintalapudi Mandal, West Godavari District. .....RESPONDENT(S) 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 an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 5 in not initiating action against the respondents 6 to 10 as arbitrary, illegal and contrary to law and consequently direct the 1st respondent to institute C.I.D. probe into the death of the deceased Budda Ravi Kumar, aged 17 years, murdered on 24-11-2007 at Khandrikagudem, Chintalapudi Mandal, West Godavari District, within the territorial limits of Chinthalapudi Police, and pass Counsel for the Petitioner:MR.B.PRAKASAM Counsel for the Respondent No.: GP FOR HOME The Court made the following : O R D E R: The petitioner asserts that the 6th respondent is her husband and the 8th respondent is the 2nd wife of the 6th respondent. While so, respondent Nos.6 to 10, in furtherance of their common intention and premeditated design, murdered the petitioner’s son Budda Ravi Kumar, who was studying II Year Intermediate, on 24.11.2007 in the fields of respondent No.6 at Kandrikagudem. She states that even though she lodged a complaint to Chinthalapudi Police against respondent Nos.6 to 10, the police have not taken any action against them. Then, she filed a private complaint before the Judicial First Class Magistrate, Chinthalapudi, against respondent Nos. 6 to 10, and it is her grievance that though the same was forwarded to the 5th respondent for investigation, respondent Nos.2 to 5 have not taken any action against respondent Nos.6 to 10. Hence, the present writ petition is filed seeking directions to the 1st respondent to institute C.I.D. probe into the death of the deceased Budda Ravi Kumar. The 5th respondent-Sub-Inspector of Police, filed counter affidavit stating that based on the complaint lodged by the petitioner, he registered Cr.No.82/2008 on 09.05.2008, and during the course of investigation, the statements of some witnesses were recorded and he collected the ash and burnt bones from the grave yard and forwarded the same to the Forensic Science Laboratory, Hyderabad for chemical analysis, and the Scientific Officer, who conducted biochemical and immunological test on the sample collected, opined that no poisonous substance is found in the sample, and accordingly, proposals were sent to the Sub-Divisional Police Officer, Jangareddygudem, to accord permission to drop further action in this case and issue proceedings to close the investigation. The 5th respondent has also stated that with reference to the private complaint, purported to have been filed by the petitioner before the Judicial First Class Magistrate, Chinthalapudi, he has not yet received any copy of the same from the trial Court. Taking into consideration, the averments made in the counter affidavit, particularly, the details of the investigation conducted by the 5th respondent, this Court feels that there is no reason to order or initiate C.I.D. probe into the death of the deceased-Budda Ravi Kumar. Hence, this writ petition is devoid of merits and the same is accordingly dismissed. No costs. ______________ N.V.RAMANA, J 23rd March 2009 bcj