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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

WRIT PETITION No.1596 OF 2018

DATE: 28.01.2026

Between:

N.Deepika.

…Petitioner

AND

The State of Telangana & Others

…Respondents

ORDER:

This Writ Petition is filed under Article 226 of Constitution

of India seeking the following relief/s:-

“…to to pass a writ, order or direction more particularly one in

the nature of Writ of Mandamus declaring the action of the

Respondent Police in closing the case of the Petitioners

Younger sisters unnatural death of the minor College. Girl

Divya without following proper investigation and terming it

railway accident , despite her death under suspicious

circumstances as per Crime No 93/2016 against which specific

allegations were made against the unofficial respondent his

gang by the petitioners family and a public agitation

demanding the same is illegal and unlawful and dereliction of

the official duties of the police and in violation of article 21 and

14 of the Constitution of India consequently direct the

Respondent Police to conduct a thorough enquiry by

registering a case under section 302 IPC against 6th

Respondent and also order for handing over the investigation

by an independent agency like State CBCID in crime No

93/2016 of GRP Secunderabad dated 1.7.2016 and thereby do

justice ensuring fair investigation into the case and to

pass.......”

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2. Heard Mr.D.Suresh Kumar, learned counsel for the

petitioner and Mr.D.Pradeep, learned Assistant Government

Pleader for Home appearing for respondent Nos.1 to 4.

3. Learned counsel for the petitioner contended that the

respondent police authorities failed to conduct a proper and fair

investigation into the death of the petitioner’s younger sister

and mechanically closed the matter by terming it a “railway

accident.” It is submitted that the death occurred under

suspicious circumstances, which warranted a thorough criminal

investigation. On that premise, learned counsel prayed for a

direction to respondent No.5 to register a case under Section

302 of the Indian Penal Code and to transfer the investigation to

an independent agency, such as the Crime Branch-Criminal

Investigation Department (CBCID).

4. Per contra, the learned Assistant Government Pleader for

Home submitted that upon registration of Crime No.188 of

2016, a comprehensive investigation was carried out by the

Investigating Officer. It was stated that the investigation

included collection of forensic evidence, obtaining the Forensic

Science Laboratory (FSL) reports, and recording statements of

related witnesses. Upon completion of the investigation, it was

concluded that the death was accidental in nature, arising out

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of a railway accident, and accordingly, a final report was filed

before the jurisdictional Magistrate. It was further submitted

that notice of the filing of the final report was served upon the

petitioner and that the proceedings are presently pending before

the Magistrate concerned. On these grounds, dismissal of the

writ petition was sought.

5. I have perused the material placed on record.

6. The grievance of the petitioner is essentially that the

investigating agency failed to conduct a proper and effective

investigation into the report lodged by him and did not duly

consider the suspicious circumstances highlighted by the

petitioner. However, it is fairly conceded that pursuant to the

filing of the final report, notice has been issued and that the

petitioner is contesting the matter before the jurisdictional

Magistrate.

7. It is well settled that once a final report is filed under

Section 173 of the Code of Criminal Procedure and the matter is

pending consideration before the Magistrate, the aggrieved party

has efficacious statutory remedies available under law. These

remedies include filing a protest petition, opposing acceptance

of the final report, and seeking further investigation or

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reinvestigation by placing appropriate material before the

Magistrate. The Magistrate is empowered to examine the

correc