IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No.10460 of 2008 Between: Billuru Gopal Reddy S/o.Krishna Reddy R/o.Nallacheruvu Village and Mandal, Anantapur District. ..... PETITIONER AND 1The Government of A.P. Department of Home, rep. by its Principal Secretary, Secretariat, Hyderabad. 2The Director General of Police, State of Andhra Pradesh, Saifabad, Lakdikapool, Hyderabad. 3The Superintendent of Police, Anantapur District, Anantapur. 4The Sub-Divisional Police Officer, Madanapalli Sub Division, Madanapalli, Chittoor District. 5The District Collector, Anantapur District, Anantapur. 6The Sub-Divisional Magistrate, Penukonda, at Sub-Collector's Office, Penukonda, Anantapur District. 7Lakshmi Narayana S/o.not known to the petitioner, Kurnool Town. 8Devanand S/o.not known to the petitioner, Atmakur, Ananthapur District. 9Basaiah S/o.not known to the petitioner, Tadipatri Police Station, Tadiparti, Ananthapur 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 may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring: a) action of the respondents 1 to 3 in not taking appropriate action against the respondents 7 to 9 in the case relating to the brutal killing of petitioner's son in Nallacheruvu Police Station, Anantapur District in the early hours of 26.06.2007 as arbitrary, illegal, high handed and violative of the fundamental rights guaranteed under the Constitution of India. b) declaring the action of the respondents 3 and 5 appointing respondents 4 and 6 to enquire into the incidents relating to the murder of petitioner's son in Nallacheruvu Police Station, Anantapur District in the early hours of 26.06.2007 is unjust, malafide and violative of the fundamental rights guaranteed under the Constitution of India. c) declare the action of the respondents 1 and 2 in not entrusting the enquiry relating to the brutal killing of petitioner's son to CBI or CID as arbitrary, illegal, unjust and violative of the fundamental rights guaranteed under the Constitutionof India and issue a consequential direction to the respondents 1 to 3 to take appropriate punitive action against respondents 7 to 9 for the above said offence and to pay compensation of Rs.50,00,000/- to me to be paid by the 1st respondent and later on to be recovered from respondents 7 to 9 and pass such other order or orders. Counsel for the Petitioner:MR.S.SRINIVAS REDDY Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No.10460 of 2008 ORDER: It is the case of the petitioner that his son Billuru Parameswar Reddy died while he was in the police custody on 26-06-2007 at 4.00 a.m. in Nallacheruvu Police Station, Ananthapur District. The police registered a case in Cr.No.29 of 2007 and investigated into and submitted a final report before the competent criminal court. However, it is stated that the investigation done by the local police was not proper and unless the matter is entrusted for re-investigation either to CBI or CID, in relation to the brutal killing of his son, no justice would be done to him. Hence, this writ petition. Learned counsel for the respondents filed a counter stating that the investigation was already completed by the local police and final report had been filed before the competent criminal court. If the petitioner wants re- investigation into the matter, he can very well file an appropriate application before the competent criminal court. Instead of filing such an application, he approached this court. However, it is the case of the petitioner that he wants reinvestigation into the matter, as he has no faith in the local police. Therefore, he requested that the matter may be entrusted for re-investigation either to CBI or CID. Under those circumstances, without expressing any opinion on merits, the 1st respondent is directed to consider the entire case of the petitioner, as to whether there is any necessity of re-investigation being conducted by CBI or CID or not, and furnish all the reasons thereof and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. Accordingly, the writ petition is disposed of. There shall be no order as to costs. ___________ 19-11-2008 Note: Issue C.C. in one week (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}