IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 20820 of 2004 Between: K. Mary Kumari, W/o Late Mohan Rao, R/o Gudavalli Village, Vijayawada Rural Mandal, Krishna District. ..... PETITIONER AND 1 The State of A.P. rep. by the Principal Secretary, Home Department, Secretariat, Hyderabad. 2 The Director General and Inspector General of Police, A.P., Hyderabad. 3 The Commissioner of Police, Vijayawada City, Krishna District. 4 The Sub Inspector of Police, Gannavaram Police Station, Krishna District. 5 The Director, C.B.C.I.D., A.P. 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 to issue writ or direction particularly in the nature of mandamus or any other appropriate writ, directing the 1st and 2nd respondents to transfer the case in Crime No. 96/2001, on the file of the 4th respondent to the 5th respondent for investigation and filing of report before the X M.M. Gannavaram in C.C.No. 420 of 2001, and Counsel for the Petitioner:MR.V.R.AVULA Counsel for the Respondent No.: GP FOR HOME The Court made the following : Form-NIC-OGS/WP{AVLR} THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO.20820 OF 2004 ORDER: The petitioner is the wife of late Mohan Rao, resident of Gudavalli village, who found dead on 14-4-2001. On a complaint given by the brother of said Mohan Rao on 16-4- 2001, a case in Crime No.96 of 2001 was registered under Section 174 of the Criminal procedure Code by the 4th respondent-Sub Inspector of Police, Gannavaram. It is stated that the petitioner belongs to Scheduled Caste community and she is economically poor, socially and culturally backward. Though the husband of the petitioner was died in suspicious circumstances on 14-4-2001, complaint could not be given immediately, but however, complaint was given on 16-4-2001 expressing suspicion over the death of the deceased, and therefore, the said crime was registered. It is further stated that the doctor who conducted the post mortem examination over the dead body of the deceased could not give any specific opinion as the body was in advanced stage of decomposition. In spite of repeated representations by Madiga Hakkula Dandora and other family members of the deceased requesting to transfer the case to CBCID for further investigation, no action has been taken. It is further stated that the contents of the charge sheet makes the deceased responsible for the cause of his death, alleging that the deceased was offered offered alcohol by Ede Shivalingam and asked to steal and get some iron rods belonging to Madhu construction and while carrying the iron rods, they came in touch with the live electric wires, because of which, he was electrocuted and died. It is stated that the said averments made in the charge sheet are un-real and un-true and the cause of death is not accidental, but it is a murder. The learned counsel appearing for the petitioner submits that in fact, the Commissioner of Police, Vijayawada addressed a letter in C.No.4517/C.1/2001, dated 11-7-2001 to the Director General and Inspector General of Police, Andhra Pradesh, Hyderabad, stating that based on the post mortem report issued by the medical officer that no specific opinion could be given regarding the cause of death since the dead body was in advanced stage of decomposition and as there is no sufficient evidence to establish that this is case of murder, however, as the representatives of Madiga Hakkula Dandora repeatedly requesting to transfer the case to CBCID, he strongly recommended to transfer the case to CBCID for further investigation. On the said letter, no decision has been taken by the Director General/Inspector General of Police, but in the counter filed by the Sub Inspector of Police, Gannavaram, it is stated that the Additional Director General of Police, Crime Investigation Department, Hyderabad addressed a letter dated 20-12-2001 to the Director General of Police, Hyderabad, stating that after completion of investigation, charge sheet was filed and the same was taken on file in C.C.No.420 of 2001 on the file of the X-Metropolitan Magistrate, Gannavaram and investigation was conducted on proper lines and charge sheet was filed, therefore, there is no need to taken up further investigation by the CBCID. There is no counter forthcoming from the Director General and Inspector General of Police with regard to the action taken by him on the letter addressed by the Commissioner of Police, Vijayawada dated 11-7-2001, but the self same Commissioner of Police, Vijayawada filed a counter stating that there is no need to conduct the investigation by the CBCID. Having addressed a letter dated 11-7-2001 to the Director General of Police, there cannot be any justification for the Commissioner of Police, Vijayawada saying before this Court again that there is no need to entrust the investigation to CBCID or to add Section 201 of the Indian Penal Code. I am of the opinion that as no decision has been taken by the Director General and Inspector General of Police on the letter addressed by the Commissioner of Police, Vijayawada dated 11-7-2001 in C.No.4517/C.1/2001, it is just and proper for the second respondent to take a decision on the said letter. Having regard to the facts and circumstances of the case, the writ petition is disposed of, directing the second respondent to take an independent decision on the letter addressed to him by the third respondent in C.No.4517/C.1/2001, dated 11-7- 2001 uninfluenced by the letter addressed by the Additional Director General of Police, Crime Investigation Department, Hyderabad, dated 20-12-2001 and pass appropriate orders as expeditiously as possible within a period of four weeks from the date of receipt of copy of this order. ________________ V.ESWARAIAH,J Date: 2-07-2008. Shr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The State of A.P. rep. by the Principal Secretary, Home Department, Secretariat, Hyderabad. 2 The Director General and Inspector General of Police, A.P., Hyderabad. 3 The Commissioner of Police, Vijayawada City, Krishna District. 4 The Sub Inspector of Police, Gannavaram Police Station, Krishna District. 5 The Director, C.B.C.I.D., A.P. Hyderabad. 6.2CCs to 7.2CD copies