IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE EIGHTEENTH DAY OF JUNE, TWO THOUSAND NINE ONLY WRIT PETITION No.3907 of 2006 Between: Medam Srinivasulu … Petitioner And Station House Officer, II Town Police Station, Madanapalle, Chittoor District, & others. … Respondents Counsel for the petitioner : Sri K. Balagopal Counsel for respondent No.1: AGP for Home This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.3907 of 2006 ORDER:- In this writ petition, the petitioner sought for a Writ of Mandamus to declare the inaction of respondent No.1 in investigating the case of his son’s suicide, as the offence under Section 4(v) read with Sections 6 and 7 of the Andhra Pradesh Prohibition of Ragging Act, 1997 (for short, ‘the Act’), as illegal and arbitrary. The son of the petitioner by name Veeresh, who was studying first year of Engineering in MITS college, Angallu Madanapalle, committed suicide on 25.11.2005. Initially, the police have registered the case under Section 174 Cr.P.C. (death due to poison). As the petitioner has not got any information on the progress of the investigation and the police have not altered the provision to include the provisions of the Act, he filed the present writ petition. According to the petitioner, one of the reasons for his son committing suicide is ragging by the co- students. The in-charge Assistant Sub-Inspector of Police, Madanapalle, respondent No.1, filed a counter-affidavit besides the Assistant Secretary to Government filing a separate counter- affidavit. For the purpose of disposal of this writ petition, the counter- affidavit filed by respondent No.1 i.e., in-charge Assistant Sub- Inspector of Police is relevant. It is inter alia stated in the said counter-affidavit that during the course of investigation, the investigating officer examined the complainant, who happened to be the roommate of the deceased boy, the petitioner and 13 witnesses and recorded their detailed statements. According to him, the statements of the independent witnesses did not support the petitioner’s stand that his son committed suicide due to ragging. He further stated that the case was finalized as suicidal death by consuming poison and final report was sent to the Mandal Executive Magistrate, Madanapalle on 04.02.2007. Sri K. Balagopal, learned counsel for the petitioner submitted that had the investigating officer properly examined the petitioner and other witnesses, the real reason for the death of his son would have come out and that the investigating officer has committed an error in not altering the case by including the offences falling under the provisions of the Act. In my considered view, the investigating officer ought to have altered the case by including the provisions of the Act and submitted a final report if he was of the opinion that the evidence recorded by him was not sufficient to proceed further with the criminal complaint. Such non-alteration has denied valuable right to the petitioner to file protest petition before the jurisdictional Magistrate. In the peculiar facts of this case, respondent No.1 is directed to file a report before the jurisdictional Magistrate notwithstanding the fact that the case was registered for the offence under Section 174 Cr.P.C. He shall give notice to the petitioner of filing such report, within a period of six weeks from the date of receipt of a copy of this order, on which the petitioner shall be at liberty to file an appropriate application before the jurisdictional Magistrate against the report of respondent No.1. The jurisdictional Magistrate shall entertain the report of respondent No.1 and the objections of the petitioner and decide the same in accordance with the Code of Criminal Procedure, 1973. Subject to the above observations, the writ petition is disposed of. As a sequel to disposal of the writ petition, WPMP.No.4874 of 2006 filed by the petitioner for interim relief is disposed of as infructuous. _____________________________ C.V. NAGARJUNA REDDY, J Date: 18.06.2009 ES