THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.396 of 2011 ORDER: This writ petition is filed seeking a mandamus declaring the action of the fourth respondent in not taking action on the complaint given by the petitioner and not conducting fair and proper investigation about the death of her brother, by name, Dr.Barre Abraham Samuel, as illegal and arbitrary and consequently, direct respondents 1 to 3 to entrust the case in F.I.R.No.231 of 2010 to CBCID or any other agency for conducting fair and proper investigation. It is stated by the petitioner that Dr.Barre Abraham Samuel, who worked as Senior Medical Officer in Government Hospital, Tallampadu, Khammam District, was her brother and his wife, by name, Smt.Godswill has pre-deceased him. It is further stated that after the death of her sister-in-law, her brother developed illegal intimacy with one Sunitha, daughter of Chidambaram of Dowleswaram, and the said Sunitha has developed greedy eye over properties of her brother. It is further stated that to her utter surprise and shock, she has received message from one Raju that her brother died in mysterious circumstances on 02.12.2010 and the said Sunitha without waiting for arrival of herself and other relatives, hurriedly completed funerals of her brother. Suspecting that the said Sunitha and other associates are responsible for the death of her brother, she lodged a complaint. It was registered in Crime No.231 of 2010 under Section 174 Cr.P.C. on the file of Jangareddygudem Police Station. It is also stated that the said Sunitha, who developed illegal intimacy with her brother, has taken away 60 tulas of gold ornaments and Rs.40 lakhs cash from the house of her brother, as such, the petitioner suspects that Sunitha and her associates are responsible for the death of her brother. It is the grievance of the petitioner that in spite of such evidence, investigation is not being done in proper lines by the investigating officer in the aforesaid crime, as such, she seeks directions for transfer of investigation by CBCID. Based on written instructions, dated 25.01.2011, it is submitted by the learned Assistant Government Pleader for Home appearing for the respondents that based on the complaint of the petitioner, a case in Crime No.231 of 2010 was registered on 07.12.2010 on the file of Jangareddygudem Police Station in West Godavari District and during the course of investigation, the petitioner and other witnesses, L.Ws.1 to 19, were examined and their statements were recorded and L.Ws.6 to 19 stated in the investigation that the death of the deceased is due to heart attack and prior to his death, he was suffering from chronic Diabetes and Hyper Tension. They did not state the name of Sunitha and about her involvement in the death of the deceased. It is further submitted that during the course of investigation, the body of the deceased was exhumed and inquest over it was conducted in the presence of panchayatdars and viscera was sent to the Regional Forensic Science Laboratory (RFSL), Vijayawada, on 10.01.2011 for chemical analysis and report is awaited. It is also submitted that after receipt of the said report, final report would be filed in the Court. Except suspicion of the petitioner against Sunitha, who stated to have been developed illegal intimacy with her brother, there is no other material to accept at this stage. It is to be noticed that though allegations are made against Sunitha, she is not made party respondent in this writ petition. Further, from the investigation so far done, it is evident that the death was due to heart attack and the deceased was a diabetic and was having Hyper Tension, as stated by the learned Assistant Government Pleader for Home. As much as it is stated that after exhuming the dead body, viscera was sent to RFSL, it cannot be said that there is delay on the part of the respondents in conducting investigation. It is also to be noticed that the complaint itself is dated 07.12.2010 and the respondents have already examined 19 witnesses in the process of investigation and only final report is to be filed after receiving report from RFSL. Therefore, in the absence of any material in support of the case of the petitioner, this Court is of the opinion that no case is made out by the petitioner to order for transfer of investigation by CBCID. In that view of the matter, as it is stated that the final report would be filed after receipt of report from RFSL on the viscera sent to such Laboratory, I deem it appropriate to direct the respondents to file appropriate report as expeditiously as possible, preferably, within a period of six (6) weeks from today, by taking steps for receipt of the report on the viscera sent to RFSL. It is made clear that after filing final report, if the petitioner is not satisfied with the same, it is always open to her to file protest petition against it. Subject to the above, the writ petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 28th JANUARY, 2011. kvni