Telangana High Court
Jada Ruben vs The State Of Telangana on 8 February, 2022
Author: Shameem Akther
Bench: Shameem Akther
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
WRIT PETITION No.21739 of 2020
ORDER:
The petitioner herein seeks a writ of Mandamus declaring the inaction of respondent Nos.2 to 4 in conducting re-postmortem on the dead body of the petitioner's son late Jada Vivek, in spite of submitting a detailed representation, dated 19.10.2020, suspecting the unofficial respondent Nos.5 to 7 for the subject death, as illegal, arbitrary and for a consequential direction to the respondents to re- enquire into the matter and conduct re-postmortem on the dead body of the petitioner's son late Jada Vivek.
2. Heard the learned counsel for the petitioner, learned Assistant Government Pleader for Home appearing for official respondent Nos.1 to 4 and perused the record.
3. Learned counsel for the petitioner would contend that the petitioner is eking out his livelihood by working as a coolie. His son aged 22 years was working as a mason. On 12.09.2020, the petitioner's brother-in-law called the petitioner and informed that the son of the petitioner died on the spot in a motor accident. The petitioner is suspecting that his son did not die in a motor accident, but was killed by one Gaddam Simon, who bore grudge against the deceased for cautioning him regarding his illicit relationship. On seeing the dead body of his son, the petitioner noticed multiple injuries on his back and on his private parts. Surprisingly, the persons who travelled on the subject motorcycle along with the deceased did not receive any injuries. Gaddam Simon created a Dr.SA, J WP No.21739/2020 2 story that the son of the petitioner died in a motor accident. Narrating all these facts, the petitioner submitted a representation, dated 19.10.2020, to the respondent No.4 requesting him to conduct re-postmortem on the dead body of the deceased and to file another FIR against the unofficial respondent Nos.5 to 7 by altering the section of law. However, no action has been taken on the said representation so far and ultimately prayed to allow the writ petition as prayed for.
4. Respondent No.4/Sub-Inspector of Police, Mulugu Police Station, filed counter and it is contended on behalf of the respondents that one Chunti Moshaiah lodged a complaint on 13.09.2020 with Mulugu Police Station, stating that since (15) days, the deceased, who is his son-in-law, was working in construction of double bed room houses at R&R Colony, Thunikibollaram Village; on 12.09.2020 morning, the deceased went to R&R Colony for mason work; after completion of work, the deceased and his colleagues Saiman and Raja left R&R Colony at 22:00 hours on a Pulsar motorcycle bearing registration No.TS-11-EM-3349; when they reached Vantimamidi border on Rajiv Rahadari in the outskirts of Chinnathimmapur Village, at about 22:30 hours, the deceased drove the motorcycle in a rash and negligent manner due to which the motorcycle turned turtle and fell down on the road; resultantly, the deceased received severe injuries on his head and other parts of the body and died on the spot; Pillion riders Saiman and Raja received simple injuries; there is no suspicion on anybody regarding the subject death and requested to take necessary action. Basing on the said complaint, the police, Mulugu, registered a case in Crime No.173/2020 for the offences Dr.SA, J WP No.21739/2020 3 under Sections 304A and 337 of IPC. During the course of investigation, the complainant was examined and his statements were recorded. Later, the Investigation Officer secured presence of two mediators, visited the scene of offence and conducted scene of offence panchanama. The investigating officer held inquest over the dead body of the deceased at Government Area Hospital, Gajwel. Later, autopsy was conducted over the dead body of the deceased. The medical officer who conducted autopsy over the dead body of the deceased opined that "traumatic hemorrhage and internal Viscera damage are leading cause to death". Further, on 15.09.2020, the Motor Vehicle Inspector inspected the crime vehicle and opined that "the accident did not occur due to any mechanical defects of the vehicle". Further, the medical officer who treated the pillion riders opined that the injuries received by them are "simple in nature". Discreet probe and spot enquiries elicited that the deceased drove the motorcycle in a rash and negligent manner due to which, the motorcycle turned turtle and fell down as a result which, the deceased received severe injuries on his head, other parts of body and died on the spot. The police conducted fair and transparent investigation. There is no suspicion on anybody with regard to the subject death. After completion of investigation, proposals were sent to the Assistant Commissioner of Police, Gajwel Division, requesting to accord permission to refer the case as "action abated". The investigation officer informed about the subject death to the petitioner and his wife over mobile phone. Due to lockdown, the parents of the deceased could not come to hospital to collect the dead body of the deceased and they requested the investigation officer to hand over the dead body to their relatives. At the request Dr.SA, J WP No.21739/2020 4 of the petitioner only, the dead body of the deceased was handed over to the relatives of the deceased for funerals after obtaining proper acknowledgement. In view of these circumstances, the request of the petitioner to conduct re-postmortem over the dead body of the deceased cannot be considered. Enquiry further revealed that the petitioner, boring grudge against the unofficial respondents, filed this writ petition. The allegations in this writ petition are untenable and ultimately prayed to dismiss the writ petition.
5. When respondent No.4 had stated on oath that postmortem was conducted over the dead body of the deceased by following due procedure and when there is postmortem report signed by Civil Assistant Surgeon, Area Hospital, Gajwel, opining that ""traumatic hemorrhage and internal Viscera damage are leading cause to death", the same cannot be ruled out. Further, the material placed on record reveals that the investigating officer, after completion of investigation, sent proposals to the Assistant Commissioner of Police, Gajwel Division, requesting to accord permission to refer the case as "action abated" and the Assistant Commissioner of Police, Gajwel, vide C.No.637/ACP-GIL/2020, dated 19.11.2020, accorded permission to refer the case as "Action Abated". Under the circumstances, it cannot be said that the police concerned did not follow the procedure prescribed under law. A detailed postmortem examination report of the deceased demonstrating several injuries (15 injuries) is on record. The cause of death is also clearly indicated therein. The injuries mentioned in the PME report are possible by fall from a moving vehicle. Hence, no malice can be attributed to the investigating officer. In the light of the material placed on record, Dr.SA, J WP No.21739/2020 5 the contentions raised on behalf of the petitioner are unsustainable. Further, it is apt to state that the process of the Court cannot be abused for oblique considerations. In any event, a person cannot use a Court as a platform to wreak vengeance against his rival. Personal vendetta will not compel the Court to initiate action.
6. Under these circumstances, the petitioner is not entitled for the relief sought in this writ petition. The writ petition is devoid of merit and is liable to be dismissed.
7. Accordingly, the writ petition is dismissed. No costs.
Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
______________________ Dr. SHAMEEM AKTHER, J 08th February, 2022 Bvv