CH PRASANTH KUMAR Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This writ petition is filed seeking a declaration that the action of the respondents 1 to 3 in altering the provision of law indicated in FIR No. 150 of 2004 of Atmakur P.S., Nellore District, from Sec. 174 Cr.P.C. to Section 306 IPC, is illegal and arbitrary. A consequential direction is sought for alteration of the provision to Section 302 IPC.

(2.) The petitioner states that his sister, by name B. Vidhyadhari was married to the 4th respondent. It is alleged that she was illtreated and harassed by the 4th respondent. it is stated that on 3-12-2004, Vidyadhari hanged herself with a saree and died. FIR No. 150 of 2004 was registered on 3-12-2004. The provision of law indicated therein is Section 174 Cr.P.C. According to the petitioner, the 4th respondent committed the murder. He states that during the course of investigation, he made a complaint to the effect that the 4th respondent killed the deceased Vidhyadhari and that it is not a case of suicide. The petitioner complains that instead of mentioning Section 302 IPC, the respondents 1 to 3 have indicated 306 IPC, in the FIR.

(3.) The learned Government Pleader for Home, on the other hand, submits that the investigation is yet to conclude and unless there exists a clear and sufficient material to implicate the 4th respondent, Section 302 IPC cannot be invoked just for asking of it.