O R D E R:

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

“…To pass an order or direction more so in the nature of writ of Mandamus declaring the furtive investigation being conducted pursuant to FIR No.124 of 2022 dated 11.10.2022 as illegal, arbitrary and ultravires of the rights of the petitioner as enshrined under Articles 14, 15 and 21 of the Constitution of India and consequently transfer the investigation to a central independent investigative agency such as the Central Bureau of Investigation…..”

2. Heard Mr. S. Nagesh Reddy, learned Counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondents.

Brief Facts of the Case:

3.1. Briefly stated the relevant facts are that, the petitioner is the father of the deceased, Nikhil, a young law graduate who went missing on 09.10.2022 from Suryapet and was subsequently found dead in a canal on 11.10.2022. It is stated that the deceased was last seen with his family before he left to meet his friends. Thereafter, his mobile phone was found switched off and he remained untraceable. Initially, a missing complaint was registered as FIR No. 369 of 2022. Upon recovery of the dead body bearing visible injuries indicative of foul play, a separate FIR No. 124 of 2022 was registered at Chilkur Police Station.

3.2. The petitioner has consistently maintained that the death of his son is not a case of suicide but of murder, inter alia, due to the deceased’s relationship with one Apurva, who belongs to an upper caste family, coupled with prior threats and instances of assault by her relatives. Suspicion is further strengthened by the questionable conduct of the deceased’s friends and the contradictory statements made by them during the course of the inquiry.

3.3. It is the petitioner’s grievance that, despite the serious nature of the allegations, the police authorities prematurely concluded the case as one of suicide even before obtaining the postmortem report and without conducting a fair and proper investigation. The investigation is alleged to be biased and influenced by powerful persons, as evidenced by the failure to collect crucial CCTV footage, non-analysis of call data and location details, non-supply of the postmortem report to the family, and lack of effective interrogation or arrest of suspected persons.

3.4. The petitioner further submits that, despite approaching various authorities, including the SC/ST Commission and the Human Rights Commission, no effective action has been taken, thereby necessitating judicial intervention. Accordingly, the present petition has been filed seeking appropriate directions, including transfer of the investigation to the Central Bureau of Investigation (CBI).

Pleadings of the Petitioner:

4.1. Learned counsel for the petitioner contends that the investigation conducted in FIR No. 124 of 2022 is vitiated by illegality, arbitrariness, and violation of fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India. It is submitted that the authorities failed to ensure a fair, impartial, and effective investigation into the suspicious death of the petitioner’s son.

4.2. It is further contended that the investigating agency acted in a biased and predetermined manner by hastily concluding the case as one of suicide without awaiting scientific and forensic evidence, including the postmortem report, thereby rendering the investigation perfunctory and contrary to settled principles of criminal jurisprudence. The police are alleged to have failed in their statutory duty by not collecting vital evidence such as CCTV footage, call detail records, and other material necessary for uncovering the truth. The investigation is also alleged to have been influenced by politically and socially powerful persons, resulting in mala fide actions aimed at shielding the real culprits.

4.3. It is specifically pleaded that the deceased belonged to a Scheduled Tri