Dr. G. Venugopal Rao v. Meda Lakshmi Kiran , Kiranmye

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT W.A.No.1142 OF 2014 JUDGMENT: (Per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) Heard Mr.Prahalad Reddy, learned counsel for the appellant and Mr.D.V.Sitarama Murthy, learned Senior Counsel for respondent No.1. This appeal is directed against the order dated 08.08.2014 passed in W.P.No.14613 of 2014 filed by respondent No.1. In the writ petition, she had prayed for re-post-mortem on her daughter's body who died unnatural death on 11.02.2014. The learned Single Judge allowed the writ petition.

The appeal is by the 7th respondent in the writ petition who is the husband of the 1st respondent and the father of deceased-Krishna Priya. We have heard the appeal for some time. In the course of hearing, Mr.D.V.Sitarama Murthy, learned Senior Counsel for respondent No.1, on instructions, prayed for withdrawal of the writ petition bearing W.P.No.14613 of 2014 and sought direction to the police to take further steps on the basis of the order dated 31.01.2015, passed by learned Magistrate in the private complaint filed by respondent No.1, under Section 156(3) of the Code of Criminal Procedure. Mr.Prahalad Reddy, learned counsel appearing for the appellant has no objection for allowing respondent No.1 to withdraw the writ petition. He, however, sought direction to the police to take further steps strictly in accordance with law.

Having considered the submissions of learned counsel for the parties, we dispose of this appeal by the following order. "The writ petition (W.P.No.14613 of 2014) is dismissed as withdrawn. The concerned police station shall take further steps in pursuance of the order dated 31.01.

respondent No.1 dated 10.10.2014 strictly in accordance with law. While passing this order, we shall not be understood to have examined merits of the case. No costs".

Consequently, miscellaneous petitions, if any pending, also stand disposed of.

_____________________ DILIP B. BHOSALE, ACJ ___________________ S.V.BHATT, J Date: 27.08.2015 Stp/Lrkm