Amboji Venkataiah, v. The State Of Telangana,

The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Ms. Justice J.Uma Devi Writ Petition No.16992 of 2017 Date: 01.06.2017 Between:

Amboji Venkataiah ... Petitioner and The State of Telangana rep. by its Principal Secretary Home Department Secretariat, Hyderabad and 4 others

...Respondents

Counsel for the Petitioner:

Mr. N.S.Arjun Kumar Counsel for the respondent: Mr. S.Sharad Kumar, Spl.G.P. The Court made the following:

Order: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed for issue of a writ of Habeas Corpus for production of the detenu- Amboji Naresh before the Court. On 18-05-2017, a Division Bench of this Court has passed the following order:

"When the matter was taken up on 15.05.2017, this Court directed the fourth respondent to produce Ms.Swati and also take necessary steps to trace and produce detenu, Mr.Amboji Naresh. Thereafter, the case took an unfortunate turn whereby it is represented that Ms.Swati committed suicide on 16.05.2017.

Today, when the matter is taken up, learned Special Government Pleader submits that all efforts were made to trace the detenu, Mr.Amboji Naresh, however, he could not be traced so far. He further submits that all sincere efforts are being made to trace and produce the detenu.

Learned counsel representing the petitioner, having regard to the history of the case, expressed apprehension on the impartial conduct of investigation and tracing of the detenu by Bhongir Town Police officials, and requested the matter to be entrusted to a senior responsible officer. Having regard to these submissions, the Director General of Police (DGP), State of Telangana, Hyderabad, the second respondent herein, is directed to entrust the issue of tracing the detenu, Mr.Amboji Naresh, to an officer of the rank of Superintendent of Police and the officer so appointed by the DGP shall make all efforts to trace the detenu and produce before this Court on the next date of hearing. If for any reason the detenu cannot be traced, a report shall be filed by the officer appointed by

the DGP. It is made clear that entrustment of investigation to a senior police officer should not be taken as any reflection upon the present investigating officer. On behalf of the State, it is assured that no coercive steps would be taken against the in-laws of Ms.Swati/family members of the detenu, Mr.Amboji Naresh, pursuant to the First Information Report registered against them under Section 304-B I.P.C." In obedience to the afore-mentioned order, the Deputy Commissioner of Police, L.B.Nagar, Rachakonda Commissionerate, filed a report wherein it is inter alia stated as under: "Pursuant to the above order, the Commissioner of Police, Ranchakonda Commissionerate issued proceedings in Memo No.356/Genl/CCRB/RKD/2017, dated 20.05.2017, in which he specifically directed the SHO, Bhongir Town P.S. (R4 herein) to handover the CD file to me.

In obedience to the said Memo, the 4th respndetn handed over the CD file in FIR No.180/2017 of Bhongir Town P.S. relating to the missing case of Amboji Naresh on 20.5.2017. On going through the file, I found that the 4th respondent by then examined the Amboji Venkataiah, S/o Pedda Yellaiah, who is the Petitinoer in the above Writ Petition. It was also found that the 4th respondent had also examined the 5th respondent in the above Writ Petition namely Tummala Srinivas Reddy, R/O Lingarajupalli village, Atmakur Mandal, Yadadri-Bhongir district on 7.5.2017. He also examined Tummala Swathi, who is the daughter of the 5th respondent herein on the same day. He also issued look out notice for tracing out the missing person Amboji Naresh.

Keeping in view of the gravity of offence, I found it necessary to take up the investigation in a different way.

specific instructions as to conduct of investigation. I am herewith filing the memos issued by me on 22.5.2017. I also issued a notice under Section 41(A) (1) Cr.P.C. to the 5th respondent on 26.5.2017. The 5th respondent, made a confessional statement before the Panchas starting from the marriage between deceased detenu Naresh and his daughter Tummala Swathi to his murder on the intervening night of 2nd/3rd of May, 2017.

I further submit that instant case needs further investigation into the matter, as such, I refrain myself from disclosing various other facts, which may prejudice the investigation. However, by way of abundant caution I am herewith submitting entire case records in a sealed cover for the kind perusal of this Hon'ble Court. In the confessional statement, the 5th respondent had explained the meticulous manner in which he had done away with the deceased detenu Amboji Naresh along with Nalla Sathi Reddy, who is the brother's son of the 5th respondent. I have also recorded the confessional statement of Nalla Sathi Reddy, S/O Mohan Reddy. The statement of Nalla Sathi Reddy corroborates with the confessional statement of 5th respondent.

Both of them hatched a conspiracy to do away with the alleged detenu and they successfully executed their conspiracy. During the course of investigation, the material objects used by R5 and Nalla Sathi Reddy were seized. Subsequently, I filed an application before the Hon'ble Addl. JFCM, Bhongir for alteration of Section from 'Man Missing' to a case of murder and also screening of the evidence, by incorporating Sections 302, 201 read with Section 34 IPC and also Section 363 IPC for kidnap of alleged detenu. The 5th respondent and Nalla Sathi Reddy were arrested on 27.5.2017 and produced before the Hon'ble Addl. JFCM, Bhongir on 28.0.2017 and the Hon'ble Magistrate remanded them to judicial custody."

Mr.N.S.Arjun Kumar, learned Counsel for the petitioner, could not pursue the Writ Petition further having regard to the afore-mentioned contents of the report, which were made known to him during the hearing.

Considering the fact that the detenu was allegedly killed, the cause in the Writ Petition does not survive for adjudication. However, the petitioner is left free to avail appropriate legal remedies in order to espouse his grievance, if any, against the individuals or the State and its functionaries as the case may be. The Writ Petition is, accordingly, disposed of. ______________________ (C.V.Nagarjuna Reddy, J) _____________ (J.Uma Devi, J) Dt: 1st June, 2017 lur