THE HONOURABLE SRI JUSTICE N.TUKARAMJI

O R D E R:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“…to issue a Writ, Order or Direction more particularly a Writ in the nature of Mandamus declaring the action of the respondents 2 to 5 in not investigating Crime No. 94 of 2016 of Kataram P.S., Karimnagar District, presently Jayashanker Bhupalpally District, which was registered under Section 174 of Cr.P.C., even though the petitioner expressed suspicious over the death of her husband, in spite of the representation submitted to the 2^nd respondent on 13-03-2017 expressing doubt over the respondents 6 to 11 and without even considering the final opinion of the doctor which clearly says that the death is due to asphyxia due to compression over the neck, as illegal, arbitrary, unjust, abuse of process of law and against the criminal jurisprudence and consequently direct the respondents 2 to 5 to conduct the investigation in Cr. No. 94 of 2016 on the file of P.S. Kataram, Jayashankar Bhupalpally District, on proper lines by taking into consideration of the representation submitted by the petitioner on 13-03-2017 and the final opinion given by the doctor on 28-12-2016 and further direct the respondents to take appropriate legal action against the respondents 6 to 11 in the interest of justice and pass such other order or orders…”

2. Heard Mr. K. Uday Kumar, learned counsel, representing Mr. S. Surender Reddy, learned counsel for the petitioner and Mr. M. Srinivas, learned Assistant Government Pleader for Home, appearing on behalf of respondent Nos. 1 to 5.

3. Learned counsel for the petitioner submits that as respondent Nos. 2 to 5 have failed to properly investigate Crime No. 94 of 2016 of Kataram Police Station, Karimnagar District, pertaining to the suspicious death of the petitioner’s husband, and have not taken action on the petitioner’s representation dated 13.03.2017, the present writ petition has been filed seeking appropriate directions from this Court.

4. Learned Assistant Government Pleader for Home submits that the said crime was duly investigated. He contends that the suspicious death of the petitioner’s husband was initially registered under Section 174 of the Code of Criminal Procedure, 1973, and, upon the petitioner’s representation, the same was altered to an offence under Section 302 of the Indian Penal Code, 1860. However, as the investigation did not disclose any material evidence indicating the involvement of any suspect, a final report was filed on 25.11.2021 before the Judicial Magistrate of First Class, Manthani, classifying the case as ‘undetected’. Hence, it is submitted that nothing further remains for adjudication in the present matter.

5. I have perused the material available on record.

6. It is not in dispute that the crime was initially registered as a case of suspicious death, which was later altered to Section 302 IPC.

According to the respondents, the investigation did not reveal any incriminating material against the suspects, and a final report was accordingly filed before the competent Magistrate. In the record, except for the petitioner’s general allegation that the investigation was not properly conducted, no specific facts, instances, or material have been placed on record to substantiate any allegation of bias, mala fides, or procedural irregularity on the part of the investigating agency.

7. In these circumstances, this Court finds no reason to interfere in the matter, as the investigation has culminated in a final report filed before the learned Magistrate. However, the petitioner’s rights are reserved to avail appropriate remedies available in law before the Magistrate concerned, if aggrieved by the filing of the final report, by placing relevant material or seeking further investigation as permissible under law.

8. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

Pending miscellaneous application