Telangana High Court

WP/5241/2006 of Kamanuru Rasheedabee, Vs S.V. Medical College, on 27 December 2006

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Ms. JUSTICE G. ROHINI WRIT PETITION No.5241 OF 2006 ORAL ORDER: Heard both sides. This writ petition is filed seeking a declaration that the action of the 2nd respondent in not issuing post-mortem certificate in Crime No.59/2004 of Somala Police Station, in respect of the post-mortem

THE HON’BLE Ms. JUSTICE G. ROHINI

WRIT PETITION No.5241 OF 2006

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ORAL ORDER:

Heard both sides.

This writ petition is filed seeking a declaration that the action ofthe 2[nd] respondent in not issuing post-mortem certificate in CrimeNo.59/2004 of Somala Police Station, in respect of the post-mortemconducted on one Kamanuru Althaf, son of the petitioners herein, asarbitrary and illegal.

In the counter affidavit filed by the 2[nd] respondent, though it is notdisputed that he had conducted post-mortem on 21.9.2004, severallapses on the part of police officials in registering the crime and givingrequisition for post-mortem were alleged.

On behalf of the 3[rd] respondent, a separate counter affidavit hasbeen filed stating that in spite of the notice issued under Section 91 ofCode of Criminal Procedure, the 2[nd] respondent failed to issuethe post-mortem certificate and, therefore, proceedings havebeen initiated to prosecute him under Section 175 of the India PenalCode.

Since the proceedings are still pending, the interference by thisCourt at this stage is not warranted.Accordingly, leaving it open to the 3[rd] respondent to takenecessary steps in accordance with law, the writ petition is disposedof. No costs.

27[th] December, 2006.Kgr

__________

(G. ROHINI).

THE HON’BLE Ms. JUSTICE G. ROHINI

WRIT PETITION No.5241 OF 2006

27[th] December, 2006.

Between:Ramanuru Rasheedabee and another. .. Petitioners. AndS.V.I.M.S. Institute of Medical Science, represented byits Registrar and others. .. Respondents.

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