Neeli Savithri v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.22451 OF 2011 Between:

Neeli Savithri .. Petitioner And The Superintendent of Police, Khammam, Khammam District and others.

.. Respondents DATE OF JUDGMENT PRONOUNCED: 03-08-2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE SANJAY KUMAR

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgment?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Their Lordship wish to see the fair copy of the Judgment? Yes/No THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.22451 of 2011 ORDER:

The grievance of the petitioner was that the police authorities were not taking action against the 4th respondent despite her husband's dying declaration.

The Station House Officer, Charla Police Station, Khammam District, filed a counter-affidavit stating that the petitioner lodged a complaint with Charla Police Station on 04.06.2011 alleging that her husband, who was an employee at the Mandal Parishad Development Office at Venkatapuram, had committed suicide due to the agony and harassment caused by the 4th respondent and therefore requested the police authorities to take necessary action against the persons responsible for the death of her husband. Thereupon, Crime No.42 of 2011 was registered under Section 174 Cr.P.C. on the file of Charla Police Station and investigation was taken up. The autopsy report revealed that the petitioner's husband died due to hanging. Investigation done by the police authorities revealed that the ingredients of Section 306 I.P.C.

were not made out, as there was no abetment to the commission of suicide by the petitioner's husband. The police further found that there was no foul play behind his death. Accordingly, after obtaining permission, final report dated 27.07.2015 was filed by the police authorities before the Executive Magistrate at Charla, closing the case as 'suicidal death due to hanging'. Intimation to this effect was stated to have been served on the petitioner/complainant on 27.07.2015.

In the light of the afore-stated developments, it is for the petitioner to take recourse to appropriate measures in accordance with law if she is aggrieved by the final conclusion arrived at by the police authorities.

Reserving liberty to the petitioner to do so, the writ petition is dismissed.

Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 3rd August, 2015 IBL