THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.8846 of 2008 Dated: 10.11.2010 Between: Mamidi Sanjeeva Rao. .. Petitioner. And The Superintendent of Police, Nalgonda, Nalgonda District, and others. .. Respondents. ORDER: This writ petition is filed seeking a Mandamus declaring the inaction of the respondents 1 to 3 in investigating into the case in Crime No.24 of 2008 of Kodad Town Police Station, Nalgonda District, as illegal and arbitrary, and consequently direct the 1st respondent- Superintendent of Police, Nalgonda, to appoint any other investigating officer in place of 2nd and 3rd respondents to investigate into the said Crime. It appears, the petitioner is an agriculturist and a resident of Sarvaram village, Huzurnagar Mandal, Nalgonda District. It is the case of the petitioner that when his son named Jaswanth, aged about five months, was suffering with diarrhea, he admitted him in Sai Sri Children Hospital, Kodad, the 4th respondent herein, on 08.02.200, and due to negligence on the part of the staff of the 4th respondent, his son died on the same day and, therefore, his father-in-law lodged a complaint before the Kodad Police Station and the same was registered as a case in Crime No.24 of 2008 against the Proprietor and another staff of the 4th respondent, for the offences punishable under Section 304-A of IPC, but till date the accused are not being arrested and the investigation is not yet concluded. Hence, this writ petition is filed seeking the relief referred to above. In the additional counter affidavit filed by the 1st respondent, it is stated that the matter was referred to the Board for their opinion to know as to whether the accused (doctor) has committed the crime or not. It is further stated that the office of the District Coordinator of Hospital Services, Nalgonda, consisting of the Medical Board of the Medical proficient team of three members (1) Dr. T.Narsinga Rao Ms, GS, Civil Surgeon SPL, District Headquarters Hospital, Nalgonda, (2) Dr. V.Manohar, MD (GM), Civil Surgeon SPL, District Headquarters Hospital, Nalgonda and (3) Dr. M.Manikya Rao, MBBS, Additional District Medical and Health Officer, Nalgonda, gave opinion that as per available records, the child with Acuter Enteritis moderate to severe dehydration was brought to hospital and the treatment for diarrhea was started, but due to the complication of the seizures, which were not getting controlled with treatment, the child died of cardio respiratory arrest. It is also stated that the doctor (accused) has given proper treatment for the illness at an appropriate time and that there was no negligence on the part of the treating doctor. It is further stated that basing on the opinion of the Medical Board, the final report is being filed before the competent Court and that a copy of the said final opinion of the Medical Proficient team is also filed before this Court for kind perusal. In view of the aforesaid stand taken by the 1st respondent, no further orders need be passed in the present writ petition. The writ petition is, accordingly, closed. However, this will not preclude the petitioner from taking objection on the final report in Crime No.24 of 2008 of Kodad Town Police Station, Nalgonda District, filed by the respondent police before the competent criminal court and also taking steps against the 4th respondent Hospital, as to claiming of compensation, by filing appropriate application before the competent civil court. _____________ C.V.RAMULU,J 10.11.2010 v v