HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 25272 of 2008 DATED 26th November, 2014.
BETWEEN Bhupani Anasuya ….Petitioner And The Superintendent of Police, Ongole, Prakasam District and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 25272 of 2008
ORDER:
Heard learned Counsel for the petitioner and learned Government Pleader for respondents 1 to 3.
This Writ Petition was filed challenging action of respondents 5 to 8 in threatening the petitioner with dire consequences and to do away with her life and liberty.
Third respondent filed a counter affidavit stating that pursuant to a common complaint lodged by 6th and 7th respondents on 8.5.2007, a case in crime No. 69 of 2007 was registered by the Sub Inspector of Police and the Circle Inspector of Police, Giddalur has taken up the investigation. It was alleged in the complaint that the petitioner who is the suspected accused said to have illegal intimacy with one N.V.B.Subramanyam, resident of Giddalur along with Mr.
Lomada Srinivasulu of Kaluvapalle village and they might have murdered Mr.Bhoopani Srinivasulu who is the husband of the petitioner on 10.4.2007. During the course of investigation, the investigation officer exhumed the dead body of the deceased in the presence of Tahsildar, Giddalur and conducted post mortem examination at the spot with the Professor of Medical College at Palakaveedu of Racherla Mandal. The doctor who conducted autopsy over the dead body of the deceased opined that the deceased died due to head injury. Later the provision of offence was altered to Section 302 IPC. The other allegations of the petitioner were denied. It is further stated that the petitioner never submitted representation more particularly on 11.9.2007 and that the present writ petition was filed with malafide intention and to prevent the police from taking any action. It is further stated that except registration of the crime in accordance with law, the respondents-police never harassed the petitioner or sent the police constables to her house at any point of time. It is also stated that investigation is pending as on the date of filing the counter affidavit.
In view of the afore said categorical averments made by the third respondent in the counter affidavit, the Writ Petition is misconceived and is liable to be dismissed accordingly.
The Writ Petition is dismissed. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 26th November, 2014. Msnrx