IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 9742 of 2008 Between: Madiga Linganna S/o. Naganna R/o.Old Alwal, Surya Nagar, Secunderabad. ..... PETITIONER AND 1 The Director General of Police (Crimes) Police Headquarters, lakdikapool, Hyderabad. 2 The Circle Inspector of Police, Saifabad Police Station, Hyderabad. 3 The Sub- Inspector of Police, Saifabad Police Station, Hyderabad. .....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 issue an order or direction or writ more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in not taking any action against the Culprits though given clear information as illegal, improper, arbitrary and against law besides being violative of Articles, 14, 19 and 21 of the Constitution of India. Counsel for the Petitioner:MR.R.RAMANJANEYULU Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 9742 of 2008 O R D E R: This writ petition is filed seeking a Mandamus declaring the action of the respondents in not taking any action against the culprits though clear information was given, as arbitrary, illegal and violative of Articles 14, 19 and 21 of the Constitution of India. According to the petitioner, his brother Anjanaiah @ Anji was working as Server in Anumool Hotel, situated opposite to Secretariat, Hyderabad. Siva and Chandu were also working along with his brother in the same Hotel. His brother Anjanaiah @ Anji was living with Siva, Bhasha, Rohit (all are hotel workers) in a room at Nampally. Siva is a good friend of his brother. As such, Siva came to his village along with his brother and lived there for about a month in their house. As the matter stood thus, he received a telephone call in the morning from Siva stating that his brother was involved in an accident and admitted in Osmania General Hospital. Actually the incident took place on 11.4.2007 but he informed only on 14.4.2007. Then himself, his father and two others went to Oamania Hospital and enquired there for his brother and they came to know that the alleged accident took place on 11.4.2007 at 11.30 a.m. and his brother was brought dead to the hospital on 11.4.2007 and post mortem was conducted on 12.4.2007. They identified the dead body of his brother and took it for performing last rites. They observed no wounds/fractures on the dead body but his throat was slit and blood oozed out. They buried the dead body in Shamshanghat (Puranapool burial ground) where the watchers of burial ground also expressed doubt saying it is not an accidental death. A news item also appeared in ‘Vaartha’ and ‘Andhra Jyothi’ giving different versions. In ‘Vaartha’ it was reported that deceased was brought to the hospital by locals and Srisailam and Ramulu informed that Anjaiah is a resident of Kurnool. In ‘Andhra Jyothi’ it was reported that the police brought the body to Osmania General hospital and the deceased was identified on the basis of his bike number. According to the petitioner, the deceased had no motor bike at any point of time. He was not having that much capacity to purchase Motor bike and he did not even know how to drive it. It is further stated that his brother had a cycle. Siva asked him to come to his room to take the cycle and clothes of his brother. On 23.4.2007 he went to the place where Siva is working and asked him to give cycle and clothes of his brother. Siva and Chandu took him to a hotel for tea and all three sat there. Then Siva gone out saying that he would come immediately, but he did not turn up. He understood that he ran away. In the hotel he was seen differently as he was getting sweat during their conversation. He informed to his (petitioner’s) brothers what was happened with Siva. On 25.4.2007 they all came to Siva and took him to Alwal area and asked him to drink Beer. Then he himself told us that they, namely, Siva, Basha, Rohit, Srisailam and Ramulu called Anjanaiah @ Anji through the mother of a girl, whom Basha was loving, and killed Anjanaiah @ Anji with knives by slitting his throat and thrown him from flyover and kept the scooter belonging to Ramu and after some time they informed the police over phone. As they threatened Siva, he reported the matter to the Alwal police, who registered a case against all the brothers and the father of the petitioner and they were in remand for 70 days. Soon after coming out on bail, he reported the matter to the police, but they did not take any action so far. Hence, this writ petition. There is no necessity of going into all the details. It is suffice to notice the counter affidavit filed by respondent No.2 wherein it is stated that basing on the complaint a case in Cr.No. 219 of 2007 under Section 304-A IPC was registered and investigation taken up. The complainant was examined and his detailed statement was recorded. The Investigation Officer visited the scene of offence situated at Fly Over bridge, Secretariat and caused enquiries about the incident. After some time, the owner of the vehicle by name Sri Ridam and friend of the deceased Srisailam came to the police station and identified the deceased as Anjaiah. As such, the Investigation Officer examined them and recorded their detailed statements, but they only disclosed the name of the deceased and were unable to reveal any other particulars of the deceased. Therefore, the Investigation Officer suggested them to call the relatives of the deceased. The dead body was preserved in the Mortuary room of Osmania General Hospital and look out notices were prepared and dispatched to all the police stations in twin cities including bordering police stations of Cyberabad for establishing the identity of the deceased duly obtaining the photographs of the deceased. During the course of investigation, on 13.4.2007 the Investigating Officer secured the presence of two mediators and conducted inquest over the dead body and sent the dead body for post mortem examination. Further, no foul play behind the death of the deceased was found by the Investigation Officer. The colleagues of the deceased were also examined at the place and none of them expressed any doubt or suspicion about the persons named or otherwise. It was also revealed that the deceased had no enemies. In the facts and circumstances of the case, nothing survives in this writ petition for further adjudication. It is accordingly closed. C.V. RAMULU, J. Date: 25-11-2008. MVB.