THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.21780 OF 2002 14.02.2006 Between: Smt.B.Jayamma, W/o.B.Mohan … Petitioner AND The Superintendent of Police, Kurnool And others … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.21780 OF 2002 ORDER: The petitioner filed the instant writ petition seeking a writ of Mandamus declaring the action of the respondents, namely, the Superintendent of Police, Kurnool and the Sub Inspector of Police, P.S. Veldurthy in Kurnool District in not taking any action against the accused responsible for the death of the petitioner’s daughter by registering the case as illegal and arbitrary. The petitioner also seeks a consequential direction to the Central Government, namely, the Central Bureau of Investigation, to take up the investigation and file the charge sheet against the accused. The petitioner’s daughter, Sridevi, fell in love with one Abdul, who appears to be son of Assistant Sub Inspector of Police, P.S. Veldurthy. It is the case of the petitioner that on 30.9.2001 Abdul took Sridevi to the Congress office and when the daughter returned home, the petitioner allegedly found her daughter raped by Abdul and his friends. On the same day, Sridevi was being taken to hospital in a serious condition, but she died. The petitioner’s husband and the petitioner gave a complaint to the Collector and District Magistrate on 08.10.2001 to take necessary action in the matter, for registration of the crime and for conducting proper investigation. On 16.1.2002, the same complaint was given to the first respondent. According to the petitioner, as no action was taken, the present writ petition is filed. After service of the notice in the writ petition, the respondents 1 and 3 have not filed any counter affidavit. The second respondent filed counter affidavit through one Sri B.Jayaram, the Assistant Sub Inspector of Police, P.S.Veldurthy. It is stated that after receiving the complaint of the petitioner’s husband on 01.10.2001 at 9.30 a.m. reporting the incident that occurred on 30.9.2001 at 2.00 p.m., a crime being Crime No.120 of 2001 under Section 174 of Code of Criminal Procedure, 1973 (Cr.PC) was registered. During the investigation, the complainant was examined and he corroborated the contents of the F.I.R. in which he had stated that the daughter of the petitioner consumed poison and committed suicide, as marriage between her and Abdul did not take place. During the investigation, the petitioner and four others were examined and after postmortem of the dead body, viscera were sent for chemical analysis. The counter affidavit was filed on 11.11.2002 and a statement is made in the counter affidavit that necessary action would be taken after receiving the report of the Chemical Analyst. The matter is coming up before this Court from 22.11.2005 and after hearing the learned Counsel for the petitioner and noticing the statement of learned Government Pleader for Home, the matter was adjourned to enable the learned Government Pleader to produce the relevant record and also the report of the Investigating Officer filed in the Court of the Judicial Magistrate of First Class (competent to take cognizance of the crime). The entire case diary in Crime No.120 of 2001 of P.S.Veldurthy is placed before this Court. The report dated 31.10.2001 of Regional Forensic Science Laboratory (RFSL), Anantapur was received by the second respondent some time in 2001. Thereafter, he obtained opinion of Civil Assistant Surgeon, Community Health Centre, Dhone and after obtaining necessary permission from the Sub Divisional Police Officer, Adoni, submitted a report to the Mandal Executive Magistrate, Veldurthy. The file nowhere contains the report filed by the second respondent before the Judicial Magistrate of First Class, after receiving the chemical analysis report from RFSL, Anantapur. As noticed herein above, the second respondent has no so far filed any report under Section 173(2) Cr.PC before the Judicial Magistrate of First Class to whom the F.I.R. was submitted. Filing of the report before the Mandal Executive Magistrate, Veldurthy, Kurnool District is not in due compliance with the provisions of law. Therefore, the second respondent is directed to immediately prepare a report under Section 173(2) Cr.P.C and file before the Judicial Magistrate of First Class, Dhone, after duly serving a copy of the report on the petitioner and her husband. This exercise may be completed within a period of two weeks from the date of receipt of this order. As and when the copy of the report is served, it shall be open to the petitioner and her husband to approach the Judicial Magistrate of First Class concerned and raise all objections before the learned Magistrate, who shall decide the matter, keeping in view the principles laid down by the Supreme Court in Union of Public Service Commission v S.Papaiah. The writ petition, with the above observations and directions, is accordingly disposed of. No costs. ______________ (V.V.S.RAO, J) February 14, 2006 YS