IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 20053 of 2007 Between: 1 Mende Bhoomavva, W/o. Late Narsaiah, R/o. 9-110, Lingannapeta, Gambhiraopet Mandal, Karimnagar District. 2 Mende Venkati, S/o. Late Narsaiah, R/o. 9-110, Lingannapeta, Gambhiraopet Mandal, Karimnagar District. ... PETITIONERS AND 1 The Superintendent of Police, Karimnagar, Karimnagar District. 2 The Station House Officer, Gambhiraopet P.S., Gambhiraopet Mandal, Karimnagar District. 3 G. Rama Goud, S/o. Not Known to the Petitioner, R/o. Lingannapeta, Gambhiraopet Mandal, Karimnagar District. 4 Gunnala Kista Goud, S/o. Not Known to the Petitioner, Toddy Seller's Association, Lingannapeta, Gambhiraopet Manda Karimnagar District. 5 The Tahsildar, Mandal Revenue Officer, Gambhiraopet Mandal, Karimnagar 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 issue any Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned proceedings of the 2nd respondent in C.No. 8/CR/T2/2007, dt. 25-8- 2007 requesting the 5th respondent through his report for closure of Crime No. 8/2007 on his file as illegal, arbitrary, and without any proper investigation under Cr.P.C. and consequently direct the respondent No.1 to forthwith handover the investigation to C.B.C.I.D. for appropriate action to be initiated against the 3rd respondent by conducting re-postmortem in the interest of justice. Counsel for the Petitioner:MR.K.SRINIVAS Counsel for respondents 1 and 2 : AGP FOR HOME Counsel for respondents 3 to 5 : None appeared The Court made the following : O R D E R: This writ petition is filed for a Writ of Mandamus to declare proceedings dated 25-08-2007 of respondent No.2, whereby he requested respondent No.5 to close Crime No.8 of 2007, as illegal and arbitrary. Petitioner No.1 filed a complaint before respondent No.2 to the effect that her husband, Mende Narsaiah, consumed toddy on the evening of 28-01-2007 in the toddy shop located in the village and fell down. While two persons were carrying him to his residence, he died on the way. The said complaint was registered as Crime No.8 of 2007 under Section 174 Cr.P.C as the complainant has not suspected anyone. Respondent No.2 who filed counter-affidavit stated that he got autopsy conducted over the dead body of the deceased in the presence of mediators and examined 8 witnesses by recording their detailed statements during the investigation, that the medical officer who conducted post mortem preserved viscera for chemical analysis and the chemical analysis report revealed that no poisonous substance is found. Questionnaire was issued to the Civil Assistant Surgeon, Government Area Hospital, Sircilla and after perusing the reports, he opined that the toddy may not be the cause of the death because no poisonous substance is found in viscera and that he came to the conclusion that the death is natural. Respondent No.2 also stated that after obtaining permission from the Sub-Divisional Police Officer, Sircilla, he filed final report before the Executive Magistrate and Tahsildar, Gambhiraopet on 01-09-2007 referring the case as natural death. At the hearing, Sri K.Srinivas, learned counsel for the petitioners, invited my attention to Section 174(2) Cr.P.C and submitted that respondent No.2 committed a fundamental mistake in not filing the final report before the District Magistrate. Though I find substance in his submission, I am not inclined to grant direction as sought for by the petitioners in this writ petition, because under Section 190 read with Section 200 Cr.P.C, the petitioners have an effective remedy by approaching the jurisdictional Magistrate with a private complaint. The petitioners have not shown any reason why they have not availed such a remedy. Even if a report was submitted before the District Magistrate, that would not have helped the petitioners in any manner unless they approach the jurisdictional Magistrate under the above mentioned provisions of the Cr.P.C. On the above premise, the writ petition is disposed of with liberty to the petitioners to file a private complaint under Section 190 read with Section 200 Cr.P.C. The police shall preserve the viscera and forensic science reports pertaining to the husband of petitioner No.1 to be produced before the jurisdictional Court if and when required. As a sequel to disposal of the writ petition, WPMP No.25865 of 2007 filed by the petitioners for interim relief is disposed of as infructuous. _____________________ C.V.NAGARJUNA REDDY,J Dated 19th April, 2008 vrn ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Superintendent of Police, Karimnagar, Karimnagar District. 2 The Station House Officer, Gambhiraopet P.S., Gambhiraopet Mandal, Karimnagar District. 3 The Tahsildar, Mandal Revenue Officer, Gambhiraopet Mandal, Karimnagar District. 4 2CCs to the AGP for HOme 5 2CD copies Form-NIC-OGS/WP{SPJS}