TODDY TAPERS COOPERATIVE SOCIETY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard learned counsel for petitioner and learned Assistant Government Pleader for Home appearing for respondents 1 to 5.

(2.) Petitioner claims that on 09.05.2020, she lodged a complaint with the Station House Officer, Nagalgidda Police Station, Sanga Reddy District, respondent No.4, alleging that her son was brutally murdered by persons named in the complaint. Based on the complaint lodged by the petitioner, Crime No.37 of 2020 was registered on 09.05.2020 under Section 302 r/w. 34 I.P.C. In this writ petition, the limited grievance of the petitioner is that the respondent - police are not conducting proper investigation as required by the Code of Criminal Procedure and are not arresting the culprits responsible for death of the son of petitioner. Petitioner also apprehends that the respondent - police are in the process of closing the crime by holding that the death occurred due to suicide committed by the individual but not a case of homicide. Petitioner therefore prays to direct the respondent - police to transfer Crime No.37 of 2020 to the Station House Officer CBCID, Office at Sanga Reedy District, respondent No.5, for conducting proper investigation.

(3.) The scope and power of Magistrate to deal with all aspects concerning registration of crime, investigation and filing of final report were considered by the Hon'ble Supreme Court in M.Subramaniam and another v. S.Janaki and another,2020 SCConlineSC 341. In the said judgment, the Hon'ble Supreme Court affirmed the view taken by the Supreme Court in Sakiri Vasu v. State of Uttar Pradesh and others , 2008 2 SCC 409 and Mohd. Yousuf (Smt) and another v. Afaq Jahan , 2006 1 SCC 627. The Hon'ble Supreme Court noted the opinion expressed in Sakiri Vasu. In Sakiri Vasu, the Hon'ble Supreme Court held as under: