D C DAVID Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) In this writ petition, the petitioner assails the action of second and third respondents in not properly investigating into crime No. 6 of 2010 on the file of the Station House Officer, Ananthasagaram Police Station, Atmakur Mandal , Nellore District, third respondent as illegal, arbitrary and unconstitutional and consequently seeks a direction to the first respondent to entrust the aforesaid crime to CB CID for further investigation and filing of charge sheet thereon.

(2.) The facts of the case in brief may be stated as follows:

(3.) While so, after completing the rituals, the petitioner came to know that his son was kidnapped by K.Vasu, Siddaiah, N.Kondaiah, G.Koteswararao, Thirupamma, Solomon Sekar K moses @ Mohan, Shiam and others on 23.3.2010 and took him to Nellore and after committing murder, they pushed the dead-body in a pool of water so as to create an impression that he died due to drowning. The petitioner lodged complaints on 10.4.2010 as well as on 16.08.2010 with the second respondent about the kidnap of his son by the aforesaid persons. As no action was taken, the petitioner in the first instance filed Criminal Petition No.10728 of 2010 before the High Court of Madras, which was disposed of directing the police at Chennai to consider the case of the petitioner to register a case and investigate the same based on his complaint dated 23.4.2010. However, on the advise of the Chennai police, the petitioner filed Criminal Petition No. 8893 of 2010 before this Court seeking a direction to conduct re-postmortem and this Court by order dated 6.10.2010 allowed the said Criminal Petition directing the respondent police to cause exhumation of the dead body of the deceased in the presence of the mediators and get the re-postmortem examination conducted by a senior doctor at Government General Hospital, Chennai, at the earliest. After repeated requests of the petitioner for conducting re-postmortem, the body was exhumed on 29.11.2010, re-postmortem was conducted and report of the same was given to him. It is the complaint of the petitioner that though the said re-postmortem certificate reveals five injuries over the dead body and that the death was not due to suicide but a case of homicide, the respondent police are not evincing any interest to cause proper investigation and arrest the culprits. It is his further complaint that the petitioner has no trust in the respondent police and that it is a matter to be investigated by an independent agency like CB CID or any reputed police officer in the cadre of Superintendent of Police.