Smt. Shaik Meerabi v. The State Of Andhra Pradesh, Rep. By Its Prl.Secretary

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.30487 OF 2018 ORDER :

This Writ Petition is filed assailing the action of the respondents in not considering the representation of the petitioner dated 09.07.2018 for conducting re-post-mortem on the dead body of late Shaik Ammena W/o.Subhani, the deceased person in Crime No.174 of 2018 on the file of SHO, Cherukupalli PS. Heard Sri N.Srihari, learned counsel for the petitioner and learned Government pleader for Home appearing for respondents. Learned Assistant Government Pleader for Home produced written instructions stating that the complaint of the petitioner dated 09.07.2018 was sent to the Superintendent of Police, Guntur Rural District. He submits that LWs 1 to 19 were examined and they also sought opinion of Medical Officer, who conducted post-mortem of the deceased.

He further submits that the Medical Officer, after considering the report of chemical analysis, found that the death of the deceased as 'due to Cardio respiratory failure and asphyxia death, as a result of hanging within 24 hours, as such, the request of the petitioner for re-postmortem on the body of the deceased was not tenable. He submits that the allegations of the petitioner in the representation were found to be false.

A perusal of the written instructions dated 28.08.2018 produced by the learned Assistant Government Pleader for Home shows that LWs. 1 to 19 witnesses were examined. The Medical

Officer, Community Health Centre, Repalle, Guntur District, who conducted post-mortem on the body of the deceased, after considering the chemical analysis report of RFSL, Guntur, expert opinion certificate of Assistant Professor, Department of Forensic Medicine, Guntur Medical College, Guntur and Histopathology Report of Professor & Head, Department of Pathology, Government Medical College, Guntur has given her final opinion with regard to the cause of death of deceased as 'due to Cardio respiratory failure and asphyxia death, as a result of hanging within 24 hours'. It is also found that the allegations of the petitioner made in her representation dated 09.07.2018 were proved false in the investigation and that a prima-facie case is established against the accused in Cr.No.174/2018 under Sections 498-A and 306 IPC. In view of the same, the grievance of the petitioner is attended to by the respondents.

Recording the same, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, shall stand closed.

_______________________________ A.RAJASHEKER REDDY, J 04-09-2018.

kvs

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY W.P.No.30487 of 2018 Date: 04.09.2018 kvs