Y.Srikanth v. The State Of Telanagana

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.28563 of 2018 ORDER:

This writ petition is filed aggrieved by action of respondent No.2 in not registering the crime and conducting the investigation with regard to complaint dated 17-07-2018 lodged by the petitioner against respondents 3 and 4 in respect of death of his father.

Learned Assistant Government Pleader produced written instructions stating that already crime was registered in Cr.No.333 of 2018 for the offence punishable under Section 306 IPC basing on the complaint lodged by the auto driver in respect of death of petitioner's father, who was traveling in the auto and respondent-police took up investigation, recorded the statements of witnesses, complainant, visited the scene of offence and seized the pesticide bottle. It is also stated that inquest over dead body of deceased was held and dead body was subjected to post-mortem examination. It is also stated that during the course of investigation, certain documents containing the handwritings of deceased, which were written during life time of deceased, were secured from the family members of deceased.

Thereafter, on 06-06-2018, a requisition was made before the XIX Metropolitan Magistrate, Kukatpally at Miyapur along with a letter of advice with a request to forward suicide note written with pencil, cash bill issued by Sai Balaji Fertilizers Seeds and Pesticides dated 23-05-2018, admitted writings and signature of the deceased etc.

Hand Writing Expert at FSL, Hyderabad for comparison and its result and the Court forwarded the same to the Director, FSL, Red Hills, Hyderabad vide letter dated 11-07-2018 and FSL report is awaited. It is submitted that the petitioner and two others were examined and their statements were recorded on 24-05-2018. Since the Chandanagar Police have already registered F.I.R. against respondents 3 and 4 and examined and recorded the statements of petitioner, sister-in-law and daughter of deceased and conducting investigation in accordance with law, the allegation that Chandanagar Police have not registered based on the complaint of the petitioner and not conducting investigation is denied. It is also stated that since the accused in the above crime obtained stay in I.A.No.2 of 2018 in Crl.P.No.6284 of 2018, the investigation has been kept in abeyance.

Recording the same, this writ petition is disposed of. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 28-08-2018 Nvl