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2013 Supreme(AP) 639

High Court of Andhra Pradesh
R. KANTHA RAO, J.
A. Bharat
Versus
The State of A.P. rep. by P.P. High Court of A.P. & Another
Criminal Petition No. 4440 of 2013
Decided on: 14-08-2013

Advocates:
Advocate Appeared:
For the Petitioner:M.V. Subba Reddy, Advocate.
For the Respondents: Public Prosecutor.

Headnote:Criminal Procedure Code 1973 - Sections 156, 174 - Penal Code 1860, Sections 302 and 34---Re-investigation—Police can investigate offence even without authorization of Court---Police investigation based on subsequent facts discovered is further investigation and not re-investigation.

JUDGMENT

1. This criminal petition is filed under Section 482 of Cr.P.C. to quash the investigation in Crime No.27 of 2013 of Police Station, CCS, Hyderabad against A-4.

2. I have heard the learned counsel appearing for the petttioner-A-4 and the learned Additional Public Prosecutor appearing for the State.

3. The brief facts of the case are that the de facto complainant-G.Inderkaran went to the house of his brother-in-law A.S. Ramprasad, hereinafter referred to as ‘the deceased’ at about 8.30 P.M. on 06.03.2010 and discussed with him about the theft of some cheques and other articles at the residence of the deceased. He returned back to his house and at about 11 P.M. he received information that Ramprasad died. Suspecting about the cause of sudden death of the deceased, he gave a report to the Station House Officer, Chikkadpally on 07.03.2010. Basing on the said report, a case in Crime No.95 of 2010 was registered under Section 174 Cr.P.C. and the cause of death was enquired into. The police after obtaining the post mortem report of the deceased, which indicated that the death of the deceased was a natural death, closed the case file.

4. The de facto complainant lodged a complaint before the XII Additional Chief Metropolitan Magistrate, Hyderabad stating that A-1 to A-5 colluded with each other, cheated Ramprasad, committed forgery of his signature on cheques and other documents, the learned Magistrate forwarded the complaint to the police, CCS, Hyderabad for investigation. Basing on the complaint, the police registered a case in Crime No.186 of 2010 on 20.07.2010 for the offences under Sections 380, 420, 467, 468, 471, r/w 120-B, 448, and 506 of IPC. In the said case, V.Sandeep Chowdhary-A-1 was arrested and according to the police he gave a confession during the course of investigation in the aforesaid case to the effect that A-1 to A-4 conspired together and hatched a plan to grab the house property of the deceased Ramprasad situated in Chikkadpally, Hyderabad measuring about 520 Square Yards, became close to the deceased and came to know that the deceased was having lakhs of rupees in the bank and property worth crores of rupees, A-1 and A-2 as per the directions of A-3 to A-5 started giving sleeping pills to the deceased when he fell asleep, A-1 held stolen the cheques, FDRs., PAN cards, documents etc. from the house of the deceased and had withdrawn an amount of Rs.10.54 lakhs from various banks. One month thereafter, the deceased came to know about the offence committed by the accused and withdrawal of the amount from the bank by forging his signatures. He summoned the de facto complainant and other persons and questioned the accused about the fraudulent withdrawal of money from the bank. A-1 voluntarily admitted his guilt and promised to return the amount within a month but A-1 did not return the amount and dodged the issue on one pretext or the other.

5. Subsequently, all the accused conspired with each other and decided to eliminate the deceased, entered into the house of the deceased on the night of 06.03.2010, switched off the lights of front room, then A-1and A-2 pounced upon the deceased, overpowered him and forcibly blocked his nose with a kerchief which is dipped in chloroform, the deceased struggled for some time and died on the spot, A-1 and A-2 lifted the deadbody and sped away from the spot. Thus, the confession made by A-1 as well as A-2 disclosed the conspiracy of all the accused to kill the deceased and to share the amount of the deceased which had been withdrawn from the bank. The confessional statements of A-1 and A-2 also disclosed that they managed the doctors who conducted the post mortem over the body of the deceased to give a post mortem report stating that the death of the deceased is a natural death and accordingly got the crime registered under Section 174 Cr.P.C. closed.

6. Learned counsel appearing for the petitioner would contend that the police already conducted the investigation and filed







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