Telangana High Court
Madhavaram Rameswara Rao, ... vs The Station House Officer, ... on 30 March, 2026
Author: N.Tukaramji
Bench: N.Tukaramji
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
WRIT PETITION No. 1622 OF 2007
DATE: 30.03.2026
Between :
Madhavaram Rameswara Rao
... Petitioner
AND
The Station House Officer, Pedda Kothapalli Police Station,
Mahabubnagar District, and nine others.
... Respondents.
O R D E R:
This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
"...to issue an order or orders more particularly one in the nature of the writ of Mandamus declaring the inaction of the respondents No. 1,4,9 and 10 herein in not acting upon the complaints dt. 16-2-1994, 28-2-2001 and 3-2-2006 made by the deceased and filing false counter-affidavit and reports before Hon'ble High Court, National Human Rights Commission and Andhra Pradesh State Human Rights Commission dt. 10-11-1997, 28-5-2001 and 10-12-2006 as illegal and arbitrary against non discharge of lawful duties and violation of principles of natural justice and against Art. 21 of the Constitution of India consequently prayed that this Hon'ble Court may be pleased to direct respondent No. 6 herein to constitute an enquiry commission to probe the cause of death of 2 NTR,J W.P. No. 1622 of 2007 deceased subject matter of Crime No. 790/2006 of P.S. Saifabad and basing on the enquiry report the Hon'ble Court may be pleased to direct the respondent No. 6 herein to punish erring police officials and award the appropriate compensation to the deceased family members, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case, in the interest of justice."
2. I have heard Ms. Sakshi Jha, learned counsel, representing Mr. V. Raghunath, learned counsel for the petitioner and Mr. D. Pradeep, learned Assistant Government Pleader for Home, appearing for respondent Nos. 1 to 6 and 8.
3. Learned counsel appearing for the petitioner submits that the present writ petition has been instituted challenging the alleged inaction of the respondent/police authorities in failing to take appropriate steps on the complaints submitted by the petitioner's deceased father dated 16.02.1994, 28.02.2001, and 03.02.2006. It is further contended that the respondents have filed false counter affidavits and reports before the National Human Rights Commission and that, in the interest of justice, an independent Inquiry Commission ought to be constituted to investigate the circumstances leading to the death of the deceased in Crime No. 790 of 2006 registered at Police Station Saifabad. Accordingly, the petitioner seeks issuance of appropriate writ, order, or direction under Article 226 of the Constitution of India.
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4. Per contra, the learned Assistant Government Pleader for Home submits that it is an admitted position that on 08.12.2006, the petitioner's father committed suicide within the premises of the Chief Minister's Office situated at the Secretariat, Hyderabad. Pursuant thereto, Crime No. 790 of 2006 was duly registered, and a thorough investigation was conducted by the competent police authorities. Upon consideration of the Post- Mortem Examination Report, the Forensic Science Laboratory (FSL) Report, and other material evidence collected during the course of investigation, a final report under Section 173 of the Code of Criminal Procedure came to be filed on 20.01.2009, categorizing the case as "Action Dropped." It is further submitted that due notice of the said closure report was served upon the petitioner. In such circumstances, it is contended that no lis survives for adjudication by this Court, and the writ petition is liable to be dismissed.
5. I have perused the material available on record and considered the submissions advanced on either side.
6. The principal grievance of the petitioner pertains to the alleged failure of the police authorities to act upon the representations submitted by his deceased father over a prolonged period, namely in the years 1994, 2001, and 2006. It is also an admitted fact that the matter was brought to the notice of the Human Rights Commission, upon which an 4 NTR,J W.P. No. 1622 of 2007 inquiry was conducted by the Superintendent of Police and a report was submitted recommending closure of further proceedings.
7. It is a settled principle of law that in exercise of jurisdiction under Article 226 of the Constitution of India, this Court does not ordinarily interfere with the outcome of a completed investigation unless there is clear material indicating procedural irregularity, perversity, or miscarriage of justice. However, the petitioner has not placed on record any cogent material or prima facie evidence to demonstrate that the action taken by the police authorities was arbitrary, mala fide, or in violation of established legal procedure. Reference may be made to the judgment of the Supreme Court in Sakiri Vasu v. State of Uttar Pradesh, 2007 INSC 1243, wherein it was held that the appropriate remedy against defective or improper investigation lies before the Magistrate under the provisions of the Code of Criminal Procedure.
8. Further, the present petition suffers from unexplained delay and laches, as the last representation of the deceased dates back to the year 2006, whereas the writ petition has been filed after a lapse of nearly a decade. It is well settled that stale claims ought not to be entertained in writ jurisdiction unless satisfactorily explained. 5
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9. Moreover, the pleadings of the petitioner themselves disclose that the deceased committed suicide by consuming pesticide in front of the Chief Minister's Office. The investigation conducted by the police, including the Post-Mortem Report and the FSL Report, conclusively establishes that the cause of death was ingestion of Endosulfan, an insecticide poison. The final report also reflects that statements of relevant witnesses, including independent persons, were recorded, and upon due consideration thereof, the investigating agency arrived at the conclusion that the death was suicidal in nature.
10. In view of the above findings and in the absence of any substantive material casting doubt on the fairness or correctness of the investigation, the prayer for constitution of an Inquiry Commission to ascertain the cause of death does not merit consideration. Courts have consistently held that a roving or fishing inquiry cannot be directed in the absence of credible material.
11. Nevertheless, it is made clear that if the petitioner remains aggrieved by the filing of the final report, it is open to him to avail appropriate remedies before the jurisdictional Magistrate in accordance with law.
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12. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
_______________ N.TUKARAMJI, J Date: 30.03.2026 svl