IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12652 of 2002 Between: Smt. Bhamidi Chilakamma, W/o. Guruvulu, R/o. Bhogapuram Village & Mandal, Vizianagaram District. ..... PETITIONER AND 1 The Principal Secretary, Home Department, Secreteriate Buildings, Hyderabad. 2 The Director General of Police, Andhra Pradesh, Hyderabad. 3 The Superindent of Police, Vizianagaram. 4 The Station House Officer, Bhogapuram P.S., Bhogapuram Mandal, Vizianagaram District. .....RESPONDENTS 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 a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the Respondent authorities in not taking any action in Crime No. 55/1999 on the file of the Bhogapuram P.S., into the death of my daughter Late Smt. Kondamma, W/o. Joga Rambabu, aged 19 years of Bhogapuram Village & Mandal, Viziangaram District as arbitrary, illegal, null and void and is against the principals of natural justice and norms of the public policy and to further direct the 1st Respondnet authority to hand over the case to hand over the same to CB-CID or CBI to conduct enquiry in Crime No.55/1999 on the file of the Bhogapuram P.S., and to take appropriate action against the culprits ande to do justice and pass Counsel for the Petitioner: MR.VENKATESWARA RAO GUDAPATI Counsel for the Respondent No.: GP FOR HOME The Court made the following: Form-NIC-OGS/WP{KRD} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.12652 of 2002 ORDER: Heard on either side. It is the case of the petitioner that her daughter was given in marriage to one Joga Rambabu and at the time of marriage, she gave dowry of Rs.20,000/- and other goods worth Rs.10,000/- and spent about Rs.48,000/- for the marriage. While so, on 12.05.1999, in the morning, she asked her son-in-law about her daughter and she was informed that her daughter was not found. On the next day, she found the body of her daughter in a well. The petitioner suspects that her daughter might have been raped and killed and thrown into the Well. The police registered a case and investigated into. The petitioner claims that the police have not properly investigated the case and therefore, she seeks issue of direction to the 1st respondent to hand over the case to CB-CID or CBI to conduct fair enquiry in the case of her daughter. It is not in dispute that the victim was given in marriage to one Joga Rambabu in November, 1998. It is stated that the victim Kondamma left the house on 12.05.1999 at about 4 p.m. without informing anybody and she was complaining stomach pain. It is stated that the complainant/petitioner herself came to know that the body of her daughter was floating in a Well near Kanakamma temple. On the strength of the complaint, the police registered a case in Cr.No.55/1999 under Sec.174 Cr.P.C and took up investigation. The Mandal Revenue Officer conducted inquest over the dead body of the victim and later sent the body to the Government Hospital for conducting postmortem. The team of the Doctors conducted postmortem and opined that the deceased would appear to have died of Asphyxia due to ante-mortem drowning. The Sub Inspector of police examined the complainant and 4 witnesses and recorded their statements and all of them corroborated with the contents of the First Information Report. There is no eyewitness for the incident. In view of the said statements, the case was closed as there was no any other evidence other than the statements of the complainant and others and the medical evidence about the committal of suicide of the victim and as no one is responsible for her death, action was dropped and the case was closed on 30.06.1999. The petitioner has not filed any protest application or any private complaint or any other complaint suspecting her son-in-law or anybody for causing death of her daughter. But it appears that a dispute arose between the petitioner and her son-in-law with regard to return of dowry, and hence she filed this writ petition, making false allegations. Having regard to the fact that there are no any bona fides on the part of the petitioner to file such petition, and as admittedly, the petitioner did not dispute with her statement made before the Sub Inspector of Police, during course of investigation and no attempt has been made to question the closure of the case, and as there was no private complaint or any complaint filed by the petitioner, suspecting or pointing out any involvement of her son-in-law in the death of her daughter, it cannot be said that police did not make any proper investigation. I do not find any merit in the present writ petition. Accordingly, the Writ Petition is dismissed. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 16.04.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Principal Secretary, Home Department, Secreteriate Buildings, Hyderabad. 2 The Director General of Police, Andhra Pradesh, Hyderabad. 3 The Superindent of Police, Vizianagaram. 4 The Station House Officer, Bhogapuram P.S., Bhogapuram Mandal, Vizianagaram District. 5 2. 2CCs to 6. 2CD copies