THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.15449 of 2008 Date:28.06.2011 Between: N. Padmavathamma ..... Petitioner AND The Superintendent of Police Nellore, and others .....Respondents Counsel for the Petitioner: Sri T.Pradyumna Kumar Reddy Counsel for Respondent Nos.1 and 5: Assistant Government Pleader for Home Counsel for Respondent No.6: Sri P.Kesava Rao, special standing counsel for CBI Counsel for Respondent Nos.2 to 4: None appeared The Court made the following: ORDER: At the interlocutory stage, the writ petition itself is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a Mandamus to direct respondent No.5 to entrust investigation in crime No.217 of 2007 of IV Town Police Station, Nellore to respondent No.6. In the counter-affidavit filed by the Additional Secretary to Government, Home Department, Secretariat, Hyderabad, it is inter alia stated that on receipt of notice in this writ petition, he has summoned the entire record pertaining to crime No.217 of 2007 registered for the offence punishable under Section 174 Cr.P.C. and also issued instructions on 24.07.2008 to the Superintendent of Police, Nellore to appoint an officer not below the rank of Sub-Divisional Police Officer to conduct a detailed enquiry into the matter and that accordingly, the Superintendent of Police, Nellore appointed the Sub-Divisional Police Officer, Nellore Rural as an Enquiry Officer, who conducted a detailed enquiry into the matter and submitted his report to the Superintendent of Police, Nellore, who in turn forwarded the same to the answering respondent, vide his letter dated 18.01.2009. While making a detailed reference of the contents of the said report, the deponent to the counter-affidavit stated that it was clearly established that the deceased, who is the son of the petitioner, did not commit suicide and his death is purely natural death and that a final report was also submitted to the Mandal Executive Magistrate, Nellore on 01.04.2008, who after perusing the entire record ordered to drop further action, vide his proceedings dated 28.12.2008. Having regard to these events, which took place after filing of this writ petition, it is not possible for this Court to direct respondent No.6 to investigate into the crime as no investigation is pending and the crime was closed. If the petitioner feels aggrieved by the closing of the case, she shall be free to approach the jurisdictional Magistrate with an appropriate complaint under Sections 190 read with Section 200 Cr.P.C. Subject to the above observations, the Writ Petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.20017 of 2008 filed by the petitioner for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 28th June, 2011 GHN