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Judgment
This writ petition is filed by the petitioners aggrieved by the action of respondent No.5 - the Station House Officer, Dammapet Police Station, Bhadradri Kothagudem District, in not considering their representation dated 27.05.2022 seeking to alter the provision of law from Section 174 of the Code of Criminal Procedure 1973 (for short ‘Cr.P.C.) to Section 302 read with Section 34 of the Indian Penal Code 1860 (for short ‘IPC’) as illegal, arbitrary and unjust.
The case of the petitioners is that their son viz., Mr. Kaparapu Nookaraju alias Rajababu was killed by their daughter-in-law and grandchildren. The petitioners received a phone call from Dammapet on 11.11.2021 at about 11.30 p.m. night informing them that their son has committed suicide. When enquired about the death of their son, their daughter-in-law Smt. Bhavani, and grandchildren Satya Kaveri and Satya Varaprasad have informed that their son has committed suicide.
The police have registered a case in Crime No.184 of 2021 under Section 174 of Cr.P.C. The police have not examined the petitioners or any other relative of the petitioners. Their daughter-in-law and grandchildren have stated before the police that the deceased has committed suicide due to loss in cultivation.
According to the petitioners, their son was financially sound. He was a brave person and not a coward to commit suicide. Their son did not commit suicide and he led a disciplined life. Their son did not face any loss in agriculture/cultivation and they are suspecting their daughter-in-law and grandchildren, who are none other than the wife and children of their deceased son.
In the written instructions dated 23.09.2022 issued by respondent No.5, it is stated that the police have conducted investigation in F.I.R. No.184 of 2021 registered under Section 174 of Cr.P.C. During investigation, the police conducted inquest and autopsy of the dead body of the deceased. The investigation revealed that there is no foul play in the death of the deceased as the doctors who conducted autopsy opined that cause of death of the deceased was due to hanging. Hence, representation of the petitioners dated 27.05.2022 cannot be considered. The case was referred as ‘Action Dropped’ and final report was also filed before the jurisdictional Court.
Based on the above written instructions, it is contended by the learned Assistant Government Pleader for Home that question of altering provision of law from Section 174 of Cr.P.C. to Section 302 read with Section 34 of IPC does not arise.
Considering the above and the fact that based on the report of the medical officers opining that cause of death of the deceased is suicide by hanging and final report was already filed to that effect, no further orders are required to be passed in this writ petition.
Therefore, the writ petition is closed, at the stage of admission itself, granting liberty to the petitioners to invoke appropriate legal remedy by filing protest petition challenging the final report filed by the police before the Court concerned. No order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed.