THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.7937 of 2009 DATED:25.09.2009 Between: N.Narsimlu .. Petitioner And The State of Andhra Pradesh, rep., by Station House Officer, P.S.Talakondapally Mahboobnagar District, Andhra Pradesh, rep., By its Public Prosecutor, High Court of A.P., Hyderabad and another .. Respondents ORDER: Heard Sri A.Srinath, learned counsel for the petitioner, and Sri A.Ramesh, learned counsel representing the learned Public Prosecutor for both the respondents. The petitioner is aggrieved by the homicide of his younger brother being not investigated into properly by the Station House Officer, Talakondapally in spite of his specific information to the Station House Officer about the identity of the persons whom he is suspecting to be involved in the unnatural death of his brother. The petitioner claims that the Station House Officer refused to take the complaint and insisted for removal of the names of the suspects from the complaint dated 16.07.2009 and was not handing over the reports of the Forensic Science Laboratory to the petitioner in spite of several requests though a copy was marked to the second respondent herein. It was again referred by the said official back to the Station House Officer and in spite of lapse of more than 50 days from the death of the petitioner’s brother, not a single arrest has been effected. The petitioner, therefore, desires to invoke the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure to have the suspects arrested and to have the copies of the Forensic Science Laboratory reports and Post Mortem report furnished to him. Under Section 157 of the Code of Criminal Procedure, during the course of the investigation into the facts and circumstances of a case by an officer-in-charge of the police station, measures for the discovery and arrest of the offender will be taken, if necessary. Whether taking of such measures for discovery and arrest of an offender is necessary or not is thus within the discretion of the investigating officer, of course, subject to justification by the facts and circumstances of the case under investigation. Therefore, directing the arrest of any person in exercise of inherent jurisdiction of this Court may be encroaching upon the investigation by the statutory investigating officer, as a police officer trained in scientific investigation in to such crimes can be expected to discharge his duties in accordance with law without any fear or favour or bias and an investigating officer may have reasons as to why he did not resort to any arrest in spite of the allegations of a murder having been committed. Of course, if copies of the reports of the Forensic Science Laboratory and Post Mortem are not furnished to the petitioner, in spite of his request, he has a genuine grievance and he is undoubtedly a person interested in knowing what is happening in the case of the suspected murder of his brother. Under the circumstances, it will be necessary, in order to secure the ends of justice to direct the Station House Officer, Talakondapally to furnish authenticated copies of the reports of the Forensic Science Laboratory and the Post Mortem report to the petitioner, at his request if necessary by collecting any charges that may be payable under any rules governing the issuance of such copies, while insofar as the request of the petitioner for arrest of anybody concerned, the Superintendent of Police, Mahabubanagar District can be requested to look into the grievances of the petitioner and see that the investigation into the crime of suspected gruesome murder of the brother of the petitioner is comprehensively and expeditiously conducted in accordance with the provisions of the Code of Criminal Procedure. A copy of this order can be communicated to the Superintendent of Police, Mahabubnagar District along with a copy of the Criminal Petition so as to enable him to initiate action within a week from the date of communication of the said order. Accordingly, the Criminal Petition is ordered. ___________________ G. BHAVANI PRASAD, J 25th September 2009 KH