B LALITHA Vs. STATE OF A P

JUDGEMENT

(1.) Petitioner seeks a writ of mandamus, to declare the action of the State, in causing the death of her husband, B. Nagender (hereinafter referred to as "the deceased"), in the custody, as illegal, arbitrary and violative of Article 21 of the Constitution of India. She also seeks the relief of direction, to register criminal case against the persons responsible, and claims compensation of Rs.3,00,000/- (three lakhs), for deprivation of the life of the deceased.

(2.) The deceased was employed as a Driver on a private vehicle, at Hyderabad. An accident took place on 25-1-2000, resulting in the death of a person. FIR No.42/2000 was registered against him by the Police Station, Nampally. It was being tried as CC No.264 of 2000 by the Court of XV Metropolitan Magistrate, Hyderabad.

(3.) On the ground that the deceased did not attend the Court on the subsequent dates, NBW was issued against him on 3-2-2000. On the strength of NBW, the deceased was apprehended on 8-2-2001, and on the same day, was brought to the Court. He is said to have escaped from the Court. FIR No.31/2000 was registered by the Police Station, Nampally, against him, for the offence under Section 224 IPC. He was apprehended thereafter on 12-2-2001. On the same day, he was sent to judicial custody, and was sent to Central Prison, Chanchalguda, as an under-trial prisoner. He died on 13-3-2001, while in judicial custody.