HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION No.12138 of 2022
O R D E R:
This writ petition is filed questioning the action of respondent Nos.2 to 4 in not conducing proper and thorough investigation on the death of the petitioner's son, by name, Panjala Srinivas Goud, though the petitioner has made a representation to respondent Nos.2 to 4.
2. Heard learned counsel for the petitioner Mr. Ch. Venkat Raman and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 7.
3. Learned counsel for the petitioner submits that on 22.07.2021, a representation was presented by petitioner stating that his son has committed suicide by consuming unknown pesticide poison. He submits that when the petitioner has given a complaint, the police, without | conducting proper investigation, have filed a final report stating that it is a mistake of fact. He submits that when there is a clear case that the son of petitioner has committed suicide after visiting the house of Ms. Prasana, where he was humiliated by the entire family, the police, without registering the complaint under Section 306 IPC, have closed the case as mistake of fact. Learned counsel further submits that though the petitioner has made representations to the Director General of Police-Telangana State, to the CID and also to the Chief Minister of Telangana on 22.07.2021 to take appropriate action and ensure justice, no action has been initiated. Hence, he is constrained to approach this Court.
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W.P.No.12138 of 2022 4. Learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 7, on instructions, submits that the respondents have conducted a clear investigation and during the course of investigation, the Investigating Officer has visited the scene of offence, conducted a detailed panchanama in the presence of two mediators and also conducted inquest over the dead body and also a suicide note was produced purported to have been written by the deceased. He further submits that as per the suicide note, his marriage was cancelled, as such, the deceased throwing blame on the family members of other party has committed suicide. He further submits that as the investigation reveals that there is no abetment or instigation by any one to commit suicide, after obtaining permission from the higher officials, the case was referred as mistake of fact and a final report is placed before the II Class Executive Magistrate-cum-Tahsildar, Bommalaramaram, on 09.07.2021 and a copy of the notice was also served on the petitioner on 14.07.2021. He further submits that after the notice was served, the petitioner has come up before this Court stating that the case requires thorough investigation and the guidance and control of superior officials of skill and expertise to bring the justice involving his son's death.
5. The relief that is sought for by the petitioner is that the police have to conduct a detailed investigation and though there is a prima facie case made out under Section 306 IPC, referring the case as mistake of fact, the police have closed this case and they have also filed a final report to the Magistrate and a copy of the notice is also served on the petitioner.
6. Petitioner does not dispute the fact that the notice is also served on him and when once the notice is received by petitioner that the police have
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W.P.No.12138 of 2022 filed a final report referring the case as mistake of fact, he ought to have filed a protest petition before the concerned Court. Without resorting to the same, the petitioner has approached this Court. Hence, this Court is of the view that there is effective alternative remedy available to petitioner to approach the concerned Court and the writ petition before this Court is not maintainable.
7. Accordingly, the Writ Petition is disposed of, directing the petitioner to avail an alternative remedy available under law. No order as to costs.
8. Miscellaneous petitions, if any pending in this writ petition, shall stand closed.
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LALITHA KANNEGANTI, J
14th March, 2022
sj
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