IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JUNE, TWO THOUSAND TEN PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.13903 of 2009 Between: Kayala Vinod Kumar … Petitioner And The Govt., of A.P., rep., by its Principal Secretary, Dept., of Home, Secretariat, Hyderabad & others. … Respondents Counsel for the petitioner: None Counsel for the respondents: AGP for Home This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.13903 of 2009 ORDER:- This writ petition is filed for a Mandamus to declare the inaction of respondent No.2 in entrusting investigation of Crime No.98 of 2009 on the file of II Town Police Station, Nellore, to a police officer not below the rank of District Superintendent of Police or any other agency such as CBCID, as illegal and arbitrary. Petitioner is the brother of Kayala Nava Kumar @ Charless. The said person was admitted into hospital on 27.06.2009 in suspicious circumstances. He succumbed to head injuries and Crime No.98 of 2009 was registered on 28.06.2009 under Section 174 of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”). The petitioner suspected involvement of one Mr. Ramesh and alleged that his workers, namely, Subbarayudu, Oblu and Nageswara Rao caused injuries to his brother with iron rod on account of which his brother died. The petitioner claimed to have approached respondent Nos.3 and 4 to register the crime against the said Ramesh and others, but his request was not heeded to. The petitioner, therefore, expressed lack of faith in the impartiality of the investigating officer and sought for appointment of an officer not below the rank of Deputy Superintendent of Police or entrustment of the case to CBCID for investigation. Respondent No.4, who is the Station House Officer and the investigating officer, and the Superintendent of Police, Nellore, filed separate counter affidavits. In the counter affidavit filed by the Superintendent of Police, it is inter alia stated that on filing of the writ petition, he summoned the case diary pertaining to the case and directed the Sub Divisional Police Officer, Nellore to examine the investigation done by respondent No.4 and cause enquiry into the same, that the Sub Divisional Police Officer, Nellore, perused the investigation done by respondent No.4 and found that the investigation is being carried on correct lines. He also termed the allegations made by the petitioner against respondent Nos.3 and 4 as devoid of truth and that the investigation is closely supervised by the Sub Divisional Officer, Nellore. It is further stated that the investigation of the case and collection of the material revealed that the brother of the petitioner consumed liquor on the upstairs of Saagar wines, Nellore Town at about 22.30 hours on 27.06.2009 along with his friend, that when the deceased was getting down the stairs, he accidentally fell down from the steps in drunken state and sustained injury on his head and subsequently the deceased was admitted in DSR Government Hospital with the help of 108 Ambulance. It is further stated that the inquest was held over the dead body of the deceased in the presence of his blood relatives and panchayatdars and that no blood relative raised any suspicion of the alleged foul play over the death of the deceased. From the contents of the counter affidavit of the Superintendent of Police, it is evident that he has examined the investigation file and also considered the opinion of the Sub Divisional Officer before being satisfied that the investigation is done on correct lines. Even according to the petitioner, if the investigation is entrusted to an officer of the rank of Sub Divisional Police Officer, the truth will come out. Though respondent No.4 is the investigating officer, virtually, the Sub Divisional Police Officer, Nellore, is kept in-charge of the investigation by the Superintendent of Police besides himself examining the files pertaining to the investigation. Therefore, I do not find any justification to change the investigating officer at this stage. Being the brother of the deceased, the petitioner can always approach the police including the Superintendent of Police, Nellore and provide relevant information against the suspects and if such information is furnished by the petitioner, the Superintendent of Police and the investigating officer shall consider the same before closing the investigation and filing appropriate report. Subject to the above observations, the writ petition is disposed of. As a sequel to disposal of the writ petition, WPMP.No.18196 of 2008 filed by the petitioner for interim relief is disposed of as infructuous. _____________________________ C.V. NAGARJUNA REDDY, J Date: 03.06.2010 ES