SHAIK SHAMSHUDDIN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS Petition is instituted by a father of a woman, who, in a short period, after her marriage, on the intervening night of 22/23.12.2010, was done to death. Though the complaint is initially registered by the police as 'woman missing ', after tracing the dead body, it was altered to a case under Sections 498 -A, 302 and 201 of the Indian Penal Code. A charge sheet was also filed and S.C. No. 286 of 2013 is now pending trial. The husband of the deceased was the accused.

(2.) HEARD Sri V.V.S. Kameshwar Rao, learned counsel for the petitioner and the learned Assistant Government Pleader for Home for the respondents. The grievance of the petitioner is that the dead body of his daughter weighing nearly 50 Kgs. could not have been carried to a distance of nearly 25 K.Ms. to be dumped there in a gunny bag, from her residence by a single individual, namely the accused, the husband of the deceased person. Complicity of his parents, who live in the same premises, in the commission of offence has not been investigated at all by the police. Hence, this Writ Petition.

(3.) TODAY , the learned Assistant Government Pleader for Home has been furnished certain instructions, in writing, by the Inspector of Police, Bhimadole Circle, wherein it is stated that the call data was called for by the Superintendent of Police, West Godavari at Eluru now and the service providers have informed that the call data will be preserved for a period of one year and hence, the call data for the relevant period of 2010 cannot be made available now. The failure to call for the call data in spite of the petitioner requesting for the same is not explained so far. Only after this Court has intervened in the matter and sought for an explanation as to why call data was not attempted to be collected, was an attempt made to retrieve the call data, which eventually turned out to be a futile attempt.