IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.8352 of 2005 Between: Panuganti Sudharshana Chary @ Sudershanam, S/o.Veeraiah, R/o.Nomula Village of Nakrekal Mandal, Nalgonda District. ..... PETITIONER AND 1 Govt. of A.P., rep.by its Principal Secretary, Department of Home, Secretarait, Hyderabad. 2 The Superintendent, District Jail, Nalgonda, Nalgonda District. 3 The Station House officer, Nakrekal police Station, Nalgonda District. .....RESPONDENT(S) 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 writ order or direction more particularly one in the nature of writ of mandamus, to declare the action of the respondents in not considering the case of the petitioner for payment of compensation on account of the death of the son of the petitioner due to the torture and ill- treatment made by the 3rd respondent in the police custody in connection with Cr.No.134/ 2004 as arbitrary, illegal, unjust and consequently direct the respondents to consider the case of the petitioner for payment of compensation and to grant such other relief or reliefs as this HOn'ble court deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.PALLENAGESWAR RAO Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.8352 of 2005 ORDER: It is the case of the petitioner that one R.Rajaiah lodged a false complaint against his son namely one Panuganti Brahmam. Basing on the said complaint, the 3rd respondent registered a case in Cr.No.134 of 2004 for the offence punishable under Section 435 IPC. It is alleged that his son was beaten mercilessly and due to severe torture, his son was inflicted with internal injuries and due to which, his son got breathing problem and he was shifted to the Government Head Quarters Hospital, Nalgonda, wherein the Duty Medical Officer advised him to shift his son to Osmania General Hospital, Hyderabad, for further treatment and while undergoing treatment, his son died. Therefore, the petitioner seeks to issue a Writ of Mandamus to direct the 1st respondent for payment of compensation on account of death of his son, who was tortured and ill-treated by the 3rd respondent in the police custody in connection with Cr.No.134 of 2004. Learned Government Pleader appearing for the respondents produced a copy of post-mortem certificate stating that the son of the petitioner died in the natural course and no external injuries are found over the body of the deceased and therefore, it cannot be said that the son of the petitioner died due to the alleged torture and ill-treatment made by the 3rd respondent. From a perusal of the post-mortem report, it is clear that no external injuries are found over the body of the deceased and it was natural death and therefore, it cannot be said that the deceased died due to the alleged torture and ill-treatment made by the 3rd respondent. Having regard to the facts and circumstances of the case and also in view of the fact that the disputed questions of fact cannot be decided in the writ petition, the writ petition is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________ 30-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{JA}