Telangana High Court
WP/16278/2006 of Shaik Sajid, Vs The Station House Officer, Santoshnagar Police Station, on 26 December 2006
SRI JUSTICLE J. CHELAMESWAR AND THE HONOURABLE SRI JUSTICE D. APPA RAO W.P. NO.16278 of 2006 Dated: 26-12-2006 Between:- Shaik Sajid … PETITIONER. And The Station House Officer, Santoshnagar Police Station, Hyderabad and others. … RESPONDENTS THE HONOURABLE SRI JUSTICLE J.
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THE HONOURABLE SRI JUSTICLE J. CHELAMESWARAND
THE HONOURABLE SRI JUSTICE D. APPA RAO
W.P. NO.16278 of 2006
Dated:26-12-2006
Between:-Shaik Sajid …
PETITIONER.
And
The Station House Officer, Santoshnagar Police Station,Hyderabad and others.
RESPONDENTS
…
THE HONOURABLE SRI JUSTICLE J. CHELAMESWARANDTHE HONOURABLE SRI JUSTICE D. APPA RAO
W.P. NO. 16278 of 2006
O R D E R(per Hon’ble Sri Justice D. Appa Rao)
The petitioner Shaik Sajid sent a petition dated 25.7.2006 to theHonourable the Chief Justice alleging that his father Shaik Ali was anauto driver. While so on 21.7.2006 at about 11.00 P.M. the Inspector ofPolice, two Sub Inspectors and constables of Santhosnagar PoliceStation came to their house arrested his father without disclosing anyreason and took him to the police station. On the next day, he went tothe police station where his father informed that the police has torturedhim throughout the night. Again on 25.7.2006 when he and his twosisters went to the police station, they found their father in seriouscondition. They requested the police to shift their father to thehospital. Their father again complained about the torture and suddenlycollapsed. Immediately, the police brought an auto and shifted theirfather to a private hospital at Saidabad and on the advise of thedoctors they took their father to Osmania Hospital, where the doctorsdeclared him dead. On that the police constable who wasaccompanying them ran away from the scene. Therefore, herequested to take action in the matter.
2) The petition was taken up as a Writ Petition.
3) The 2[nd] respondent the Commissioner of Police filed thecounter denying the averments made in the petition. On a similar complaint made by the petitioner dated 25.7.2006 a case in CrimeNo.197 of 2006 under Sections 176 Cr.P.C and 304-II and 343 IPC was registered against the Inspector of Police, two Sub Inspectors andtwo constables. The investigation was entrusted to the AssistantCommissioner of Police. On requisition, the Executive Magistrateconducted inquest over the dead body of the deceased on 26.7.2006at Osmania General Hospital, Hyderabad. At the time of inquest, thepetitioner Shaik Sajid, his brother Shaik Farooq, the wife of thedeceased Taher Begum and the owner of the house A.C.Murtuza wereexamined. The inquestdars were of the opinion that the deceased wastaken by the police in a murder case and was let off on 25.7.2006. Thereafter went to his house and fell sick. He was shifted to OsmaniaHospital, Hyderabad by his son where he was declared dead. Apostmortem was conducted on the dead-body by the Professor alongwith two doctors, wherein the entire proceeding of postmortem wasvideo graphed. A grazed abrasion of 7x2 c.m. at the front and middleof the left leg and an abrasion over left lateral malleolus of 0.5 x 0.5size were only found. The final report is pending. The very petitionergave a statement before the Executive Magistrate stating that heappended his signature on the complaint filed against the police, whensome persons insisted. He has no suspicion over the death of hisfather. The police had taken prompt action against the police officers. They would took appropriate action if the police officers are found to beguilty.
4) During the course of hearing, the final opinion regarding thecause of death of the deceased was submitted wherein the Professorof medicine opined that the death was due to natural causes.
5) The police has already registered a case in Crime No. 197 of2006 against the police officers and the investigation is pending. Thepolice have to necessarily file a final report after completion of
Conclusion
investigation. The learned Magistrate would necessarily give a noticeto the petitioner before passing orders on final report. Since therespondents promptly registered a case against the police officers andinvestigating the matter and in the light of final opinion of the expertsthat the death was natural, we do not see any justification to keep thematter pending. No directions need be issued in the above matter.
6) In the circumstances, the Writ Petition is closed. No costs.
__________________
CHELAMESWAR,J
J.
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RAO,J26[th] December 2006.BCS
D. APPA