THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19480 of 2007 DATE:11.08.2009 Between: V.C.Thomas and another ... Petitioners and Union of India represented by Secretary to Government, Ministry of Home Affairs, New Delhi and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19480 of 2007 ORDER: This writ petition is filed by the petitioners seeking a Writ of Mandamus to direct 2nd respondent to investigate into the murder of their daughter namely Ms. Sophy Thomas, who worked as an attender in the Commercial Department, Guntakal Railway Station, Guntakal, and take action against the accused, in accordance with law. 2. The case of the petitioners, in brief, is that 2nd petitioner is wife of 1st petitioner and their daughter namely Sophy Thomas, hereinafter referred to as "deceased", died on 30.12.2002. The deceased used to work as an attender in the Commercial Department, Guntakal Railway Station, Guntakal and reside at the working womens' dormitory near Chanda Mama School, Arvind Nagar, Guntakal, along with staff nurses of the railway hospital. On 01.12.2002 they got a message that the deceased met with an accident at Guntakal and she was hospitalised, but they were not told that their daughter was brutally murdered. On enquiries about the murder of the deceased, the 5th respondent informed that the investigation is in progress. Subsequently, they apporoached the Superintendent of Police, Ananthapur District - 4th respondent and disclosed the details regarding the death of the deceased and their suspicion towards one K.P. Vijayan, a clerk, who was working along with the deceased, as the deceased during her life time had informed them many times about his indecent behaviour towards her. As per the post mortem report, the deceased was died due to multiple injuries on head. The blood stains found over the room and the compound wall, etc. shows the chance of brutal murder. However, the same was not properly investigated by the police. As per the FIR, the dead body of the deceased was found naked. Even though they pointed out these ample material and piece of evidence before the investigating officer, he has not taken the same into consideration. Inspite of their filing of series of representations before the officers concerned of the Police Department and the political leaders as well as the State Human Rights Commission and the Legal Services Authority of State of Andhra Pradesh and though the matter has become as an inter-state issue, no positive action has been taken on their representations and no accused is arested till date. Hence they filed the present writ petition. 3. The 3rd respondent filed a counter-affidavit stating that in pursuance of the directions of this Court dated 13.09.2007, a report has been called for from the 4th respondent and the report of the 4th respondent reveals that the deceased was residing at the working womens' dormitory in Arvind Nagar, Guntakal along with three staff nurses of the railway hospital, Guntakal. On 30.12.2002 at about 20.55 hours one of the colleague of the deceased by name Gigi Thomas left for night duty. On 31.12.2002 when said Gigi Thomas returned from duty at 7.45 a.m. she found the deceased lying on the floor half naked in a pool of blood in her room. Immediately thereafter, she lodged a written complaint with the 5th respondent and the same was registered as a case in crime No.175 of 2002 for an offence under Section 302 IPC. The Inspector of Police, Guntakal Urban Circle took up investigation in this case, visited the scene of offence and held inquest over the dead body of the deceased. The chemical analysis report received from the Forensic Science Laboratories, Hyderabad disclosed that no human semen was detected and only human blood was detected on the incriminating material collected during investigation. During the course of investigation, nearly 170 finger and foot prints of various suspects were collected for tallying with the chance prints by the District police, but their efforts went in vain. The Investigating Officer has also made exhaustive efforts by examining 36 witnesses, but no useful information was elicited. The then Superintendent of Police Smt. Anjana Sinha and the Sub Divisional Police Officer, Guntakal personally interrogated the suspects and supervised the investigation without leaving any stone unturned, but all their efforts proved to be futile. Apart from that, in all four special teams were constituted to nab the offenders. However, all their efforts did not lead to any vital clue. As the petitioners suspected one K.P. Vijayan who used to travel along with the deceased in the same compartment of the train from Guntakal to their native place often, the Circle Inspector of police, Guntakal Urban and the Sub Divisional Police Officer, Guntakal have exhaustively interrogated him on 01.01.2003 and on 06.01.2003, but no useful information was elicited about his involvement in the crime. The said suspect was also interrogated by the 4th respondent on 14.01.2003. A special team of police officers, which was formed for better investigation into the crime, has made all efforts to get clues, but in vain. On 19.08.2005 the Sub Divisional Police Officer, Guntakal, who is the investigating officer in this case, has apprised the then Superintendent of Police, Anantapur with all facts and investigation of the case in C.No.2081/C1/2005, dated 11.10.2005, who in turn, directed the Inspector of Police, Guntakal Urban circle to refer the case as "UNDETECTABLE" for the time being. Since the case created utmost sensation in the District, specific instructions were issued from time to time by the then Superintendent of Police, Ananthapur and accordingly extra efforts were put. However, the clues could not be detected. In the light of the elaborate investigation by the District police into the above case and also in view of the fact that the then Superintendent of Police interrogated the suspected persons as pointed out by the petitioners and could not unearth any clues with regard to the culprits in the case, the State Government did not refer the case to CBI. For the reasons stated above, this writ petition is liable to be dismissed. 4. Heard the arguments of the learned counsel for the petitioners and the learned Government Pleader for Home in support of their respective pleadings. 5. As seen from the counter-affidavit filed by the 3rd respondent, it is clear that the police have made all efforts of a human being can do and it is really unfortunate that even after lapse of a period of seven years from the date of registration of the crime No.175 of 2002, no clue could be traced with regard to the death of the deceased. The grievance of the petitioners is that the respondents have not acted diligently in detecting the real culprits. As stated supra, the respondents have made every effort to find out the real culprits, but their efforts proved to be futile. In those circumstances, this Court can not give a finding that the respondents have not acted diligently in detecting the real culprits, in accordance with law. 6. Accordingly, this writ petition is closed. No costs. _________________________ GOPALA KRISHNA TAMADA, J 7th August, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19480 of 2007 (Closed) 11th August, 2009 CBS