Telangana High Court
Smt. Bansuwada Shoba, vs State Of Telangana on 3 February, 2020
Author: Challa Kodanda Ram
Bench: Challa Kodanda Ram
HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
(SPECIAL ORIGINAL JURISDICTION)
MONDAY , THE TWENTY FOURTH DAY OF NOVEMBER,
TWO THOUSAND AND FOURTEEN
:PRESENT:
THE HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
W.P.No. 35572 of 2014
Between:-
Smt Bansuwada Shoba W/o. Sailoo,
.....Petitioner
AND
1.State of Telangana rep. by its Principal Secretary, Home (General-A)
Department, Secretariat, Hyderabad.
2.The Superintendent of Police, Nlzamabad District at Nizamabad.
3.The Circle Inspector, Bichkunda Police Station, Nizamabad District.
4.The Station House Officer, Bichkunda Police Station, Nizamabad District
5.Upender Reddy, Sub Inspector of Police, Bichkunda Police Station,
Nizamabad District.
6.Sri Bal Shetty S/o. Venkanna, Owner of Kirana shop, Pedda Kodapugal,
Bichkunda Mandal, Nizamabad District.
.....Respondents.
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 an appropriate Writ, order or direction more
particularly one in the nature of Writ of Mandamus declaring the action of
the Respondents 2 to 4 in not conducting proper postmortem and
investigation in the case of death of the petitioner's son Prasanth as illegal,
void, null and arbitrary and consequentially direct the 2'd respondent to
initiate action against the 5th respondent for causing death of the petitioner's
son.
The petition coming on for hearing, upon perusing the
Petition and the affidavit filed in support thereof and upon hearing the
arguments of SRI K. DURGA PRASAD, Advocate for Petitioner
and the G.P. for Home(TG) on behalf of respondent Nos. 1 to 5, the Court
made the following.
ORDER :-
The petitioner complains that her son was taken away by two constables of Bichkunda Police Station on the allegation of theft on 06-10-2014. But, after beating him severely, he was released in the night without registering any case and her son committed suicide by pouring kerosene. However, he died on 13-10-2014 while undergoing treatment in the hospital.
The primary grievance of the petitioner is that in view of the third degree methods adopted by the Bichukunda police, her son committed suicide. The post mortem report does not deal with the marks of beating on the body of the deceased. Hence, she seeks second post-mortem examination. She also states that she filed a detailed representation requiring respondents 2 and 3 to enquire into the matter and take appropriate steps.
A copy of the complaint given to the 2nd respondent, dated 14-10-2014 is also produced, but however it does not show any acknowledgment. The petitioner also produced a receipt of the complaint given to the Circle Inspector, Bichkunda, dated 13-10-2014. However, alleging in action, the present writ petition is filed.
Contd..2...
- 2 -
In order to avoid further delay, I deem it appropriate to direct the 2nd respondent to personally enquiry into the matter and after making necessary enquiry and verifying the facts, file a report before this Court by 02-12-2014.
Post on 02-12-2014 in 'ML'."
ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To
1.The Principal Secretary, State of Telangana, Home (General-A) Department, Secretariat, Hyderabad.
2.The Superintendent of Police, Nlzamabad District at Nizamabad. (By Speed Post with a direction to personally enquiry into the matter and after making necessary enquiry and verifying the facts, file a report before this Court by 02-12-2014.)
3.The Circle Inspector, Bichkunda Police Station, Nizamabad District.
4.The Station House Officer, Bichkunda Police Station, Nizamabad District
5.Upender Reddy, Sub Inspector of Police, Bichkunda Police Station, Nizamabad District.
6.Sri Bal Shetty S/o. Venkanna, Owner of Kirana shop, Pedda Kodapugal, Bichkunda Mandal, Nizamabad District.
7.Two CCs to the G.P. for Home(TG), High Court at Hyd(OUT). (By Special Messenger)
8.One CC to Sri K. Durga Prasad, Advocate(OPUC)
9.One spare copy.
TKK HIGH COURT VVA.J DT.24-11-2014.
ORDER W.P.No. 35572 of 2014.
INTERIM DIRECTION DRAFTED BY TKK DT.24-11-2014.
HIGH COURT VVA.J DT.24-11-2014.
Note :- Post on 02-12-2014 in 'ML'.
ORDER W.P.No. 35572 of 2014.
INTERIM DIRECTION