ADAPA MAHALAKSHMI Vs. PRINCIPLE SECRETARY, HOME DEPARTMENT

JUDGEMENT

(1.) The petitioner, who is the wife of one Sri. Adapa Venkanna, who was killed in an counter, allegedly by the police, has filed this writ petition, praying for the following relief:

(2.) After his release from jail on bail, the petitioner states that her husband was living with her and his four children. While so, on 04.10.2010 at bout 4.00 p.m., her husband left the house with Rs. 10.00 lakhs cash and 3.00 Kgs. of gold stating that respondent No. 3 has called him. That thereafter, her husband called her and told that he was in a meeting with respondent No. 3 and requested her not to call him. However, the petitioner states that on 05.10.2010 morning, she came to know through her neighbours that her husband was killed in an encounter by police in the wee hours of 05.10.2010.

(3.) The petitioner states that she came to know that respondent Nos. 3 to 5 are responsible for the brutal and cold-blooded murder of Her husband in a fake encounter. On coming to know about the cold-blooded murder of her husband by the police in a fake encounter, she approached the Human Rights Commission, New Delhi. However, to cover up their action, respondent No. 5, on 05.10.2010, gave a report with regard to the encounter, and based on the said report, a case in Crime No. 335 of 2010 on the file of Penamaluru Police Station, Vijayawada, was registered for the offences under Sections 353, 307 r/w. 34 I.P.C. and Sections 25(1)A of the Arms Act, 1959 r/w. police firing and Sections 174 Cr.P.C. The petitioner states that respondent No. 6 on coming to know that she is pursuing the encounter case, is threatening her with dire consequences and implicate her in false cases. The petitioner states that the respondents should register a case for the offence punishable under Section 302 I.P.C. against the persons responsible for her killing, and as police officials are involved, investigation into the case, should be done by an impartial agency. Hence, the petitioner filed the present writ petition, praying for the reliefs, as noted in the preliminary paragraph.