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2014 DIGILAW 439 (AP)

Shaik Shamshuddin v. State of Andhra Pradesh

2014-03-20

NOOTY RAMAMOHANA RAO

body2014
ORDER This petition is instituted by a father of a woman, who, in a short period, after her marriage, on the intervening night of 22/23.12.2010, was done to death. Though the complaint is initially registered by the police as 'woman missing', after tracing the dead body, it was altered to a case under Sections 498-A, 302 and 201 of the Indian Penal Code. A charge-sheet was also filed and SC No. 286 of 2013 is now pending trial. The husband of the deceased was the accused. 2. Heard Sri V.V.S. Kameshwar Rao, learned Counsel for the petitioner and the learned Assistant Government Pleader for Home for the respondents. 3. The grievance of the petitioner is that the dead body of his daughter weighing nearly 50 Kgs. could not have been carried to a distance of nearly 25 Kms. to be dumped there in a gunny bag, from her residence by a single individual, namely the accused, the husband of the deceased person. Complicity of his parents, who live in the same premises, in the commission of offence has not been investigated at all by the police. Hence, this writ petition. 4. The petitioner herein gave a statement to the police and he also filed a private complaint under Section 200 of the Code of Criminal Procedure on 7.6.2011. In his complaint, he has specifically pointed out three cell phone numbers; 9951250140 belonging to Sri Shaik Musa, 9959235364 belonging to Sri Shaik Abdulla and 9392229078 belonging to Sri Shaik Anwar, the accused and the son-in-law of the petitioner herein. He suspected the role of the remaining persons in the offence. He requested the police to collect the call data and the voice data between these mobile numbers prior to the death of his daughter. That was not done by the police. 5. Today, the learned Assistant Government Pleader for Home has been furnished certain instructions, in writing, by the Inspector of Police, Bhimadole Circle, wherein it is stated that the call data was called for by the Superintendent of Police, West Godavari at Eluru now and the service providers have informed that the call data will be preserved for a period of one year and hence, the call data for the relevant period of 2010 cannot be made available now. The failure to call for the call data in spite of the petitioner requesting for the same is not explained so far. Only after this Court has intervened in the matter and sought for an explanation as to why call data was not attempted to be collected, was an attempt made to retrieve the call data, which eventually turned out to be a futile attempt. 6. It is time that all the Investigating Officers should realize that all material evidence, which is relevant and necessary, as part of investigation, should be collected immediately. All the more so with regard to the circumstantial evidence, otherwise, the same will wither away with passage of time. Call data will be preserved by the service providers for a limited period. In the instant case, failure of the Investigating Officer to act promptly in collecting the call data has resulted in failure to collect a possible and significant clue to the crime. The role played by the persons (suspected to have played a role in the crime by the petitioner) has been allowed to slip through the fingers. By collecting the call data, perhaps, may not be much helpful for the investigation on all occasions. But, however, the failure to collect it might prove to be harmful in certain cases. 7. The Director General of Police, who is impleaded as the 2nd respondent in this case, should therefore, intervene in the matter. He shall circulate immediately instructions to all the Superintendents of Police and the Sub-Divisional Police Officers in the State that they shall order promptly all Investigating Officers to collect the call data from the respective service providers by making a request promptly, whenever and wherever it is required. Failure to call for the call data within 30 days of coming to know of such need should invite a serious action against the Investigating Officer. So that, they will, henceforth, make it a part of investigation exercise compulsorily. Lest, they have to become answerable for the lapse. 8. The Superintendent of Police, West Godavari at Eluru will bestow personal attention in the instant case and ensure that all persons responsible for causing the death of the daughter of the petitioner are brought to book. Appropriate action, I hope, would be initiated in the matter, within the next 30 days. 9. 8. The Superintendent of Police, West Godavari at Eluru will bestow personal attention in the instant case and ensure that all persons responsible for causing the death of the daughter of the petitioner are brought to book. Appropriate action, I hope, would be initiated in the matter, within the next 30 days. 9. Since the sole accused is already facing trial in SC No. 286 of 2013, I am not inclined to stay its trial, as otherwise, even the prosecution of the sole accused would get delayed. 10. With this order, the writ petition stands disposed of. No costs. 11. Consequently, the miscellaneous applications, if any shall also stand disposed of.