The single-judge bench directed the 5th respondent to issue administrative instructions and ensure an expeditious investigation of an unnatural death case by the I Town P.S. Kothagudem, with a final report to be filed within 60 days.
Directed the 5th respondent to ensure investigation by I Town P.S. Kothagudem and file a final report within 60 days.
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THE HONOURABLE SRI JUSTICE GODA RAGHURAM
WRIT PETTION NO.22237 OF 2006
BETWEEN:
G.Koteswara Rao
…Petitioner
vs.
Sub-Inspector of Police, Railway P.S. Khammam and others
..Respondents
THE HONOURABLE SRI JUSTICE GODA RAGHURAM
WRIT PETTION NO.22237 OF 2006
ORAL ORDER
Heard the learned counsel for the petitioner, the learned Government Pleader for Home for respondent Nos.1 to 4 and Sri S.Lakshminarayana Reddy, Advocate for respondent No.5.
The singular grievance in this writ petition is that the respondent Nos.1 to 4 have been lethargic in investigating Cr.No.90 of 2006, registered on the file of the Railway P.S. Khammam on 09-07-2006.
The 2nd respondent has filed a counter-affidavit stating that investigation is on and that the 1st respondent had examined four witnesses; recorded their detailed statements; that later the entire file in Cr.No.90 of 2006 was transferred from 1st respondent to I Town P.S.Kothagudem on point of jurisdiction and that the P.S.Kothagudem is in the process of investigating further into Crime. Admittedly an unnatural death has occurred, of the petitioner’s son. The petitioner apprehends that it is a suicide on account of harassment by the 5th respondent. In any event it is the duty of the State to investigate into an offence relating to unnatural death either suicide or homicide, expeditiously.
In the circumstances, the 5th respondent is directed to issue appropriate administrative instructions and ensure adequate administrative measures for investigation of Crime No.90 of 2006 by the I Town P.S. Kothagudem expeditiously and to ensure that a final report is filed before the competent court, in any event within a period
of sixty (60) days from the date of receipt of a copy of this Order.
The writ petition is disposed of accordingly. In the circumstances
there shall be no order as to costs.
GODA RAGHURAM,J
7th *DECEMBER 2006 TSNR
2 issues framed by the court
Whether the State is in default for the lethargic investigation of an unnatural death case?
Whether the 5th respondent should issue administrative instructions to expedite the investigation?
G.Koteswara Rao
Sub-Inspector of Police, Railway P.S. Khammam
Respondent No.1 to 4
Sri S.Lakshminarayana Reddy
Goda Raghuram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
