Gaddam Laxman vs The State Of Telangana, Rep.By Its ...
2022 Latest Caselaw 1925 Tel

      THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                               AND
      THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                    WRIT PETITION (PIL) No.328 OF 2017

ORDER: (Per Hon'ble Sri Justice Abhinand Kumar Shavili)


          This writ petition is filed seeking the following relief:
                 ".....   to issue a Writ, Order or Direction more
                 particularly one in the nature of Writ of Mandamus
                 to declare the action of the respondents herein in

carrying out extra judicial killing of eight people in the name of encounter on 14.12.2017 at Nelamadugu Village, Gangaram Gram Panchayat, Tekulapally Mandal, Bhadadri Area, Kothagudem District, as being illegal and against law and violation of Art 21 of the Constitution of India and also violation of covenant on Human Rights ratified by Union of India and further direct the respondent No. 2 herein to register a crime u/sec 302 IPC and under appropriate section of law and to entrust the investigation to Special Investigation Team SIT under the monitoring of the Honble High Court and consequently to conduct the postmortem of the deceased persons by the team of Forensic Experts by keeping the dead bodies in a proper preservation and handover the bodies to the deceased family members.'

02. Heard Sri V.Raghunath, learned counsel appearing

for the petitioner, and learned Additional Advocate General

appearing for the official respondents.

03. It has been contended by the petitioner that a news

item was published on 14.12.2017, wherein it was reported that

an encounter took place at Nelamadugu Village, Gangaram

Gram Panchayat, Tekulapally Mandal, Bhadadri Area,

Kothagudem District. Eight persons were killed in the

encounter, who happed to be between the age group of 25 to

30 years, and the police are not registering any crime under

Section 302 IPC against the persons, who were involved in the

fake encounter and only a crime was registered under Section

307 IPC against them.

04. Learned counsel appearing for the petitioner had

contended that appropriate orders be passed in the writ petition

directing the respondents to take appropriate action against the

persons, who were involved in the fake encounter. Learned

counsel placed reliance on the judgment of the Apex Court in

People' Union for Civil Liberties and another v. State of Maharashtra

and others 1, whereunder the Apex Court has framed guidelines

in the matters of encounters.

04. On behalf of the respondent-State counter-affidavit

has been filed stating that the State has followed the guidelines

as set out by the Apex Court in People' Union for Civil Liberties

and another v. State of Maharashtra and others.

05. Having considered the rival submissions made by

the learned counsel on either side, this Court is of the

considered view that in the counter-affidavit filed by the State,

(2014) 10 SCC 635

it was specifically stated that it has followed the guidelines as

prescribed by the Apex Court in People' Union for Civil Liberties

and another v. State of Maharashtra and others, no further orders

need to be passed in the writ petition since crime is registered

against the persons, who are responsible for the encounter.

06. Accordingly, the Writ Petition is disposed of.

However, the respondent-State shall ensure that fair trial is

conducted in the FIR which is registered against the persons,

who are responsible for the encounter, and the respondents

should take note of the guidelines prescribed by the Apex

Court in the case referred to supra. No order as to costs.

With these observations, the Writ Petition is

disposed of. No costs.

Miscellaneous petitions, if any, pending shall stand

closed.

______________________________ SATISH CHANDRA SHARMA, CJ

________________________________ ABHINAND KUMAR SHAVILI, J Date: 18.04.2022 rkk