(1) Being dissatisfied with the investigation carried on by the Delhi Police in Case Fir No. 127/95 dated 26th April, 1995 registered at Ps Kotla Mubarak pur, New Delhi under Sections 302/ 120B/IPC, the petitioner has filed this petition for transfer of investigation to the Central Bureau of Investigation or any other independent agency.(2) One Praveen Malhotra was the son of the petitioner and was residing on the first floor of House No. A-lll, defense Colony, New Delhi.The petitioner and his wife i.e. the parents of Praveen Malhotra were residing on the ground floor of the same house.In the night intervening 19/20th December, 1994 Praveen Malhotra was found dead in suspicious circumstances in room No. 2 of South Delhi Guest House, NDSE-I, New Delhi.The petitioner made a complaint to D.C.P.(South) on 20th December, 1994 staling inter alia that he suspected foul play in the death of his son at the hands of certain persons whose names had been mentioned in the petition.(4) That on 19th December, 1994 at about 8.30 p.m. a driver came at the guest house in a red Maruti Gypsy and told the man at the reception that the room of Praveen Malhotra had not been cleaned.At this, the receptionist told him that the room had been cleaned 2-3 times in the day.Certain instances of the said persons having got blank papers signed from Praveen Malhotra and having tried to grab the properties have also been given in the petition.On the complaint of the petitioner and after some investigation which was entrusted to Special Investigation Unit, South District and on receipt of the post mortem report, a case under Sections 302/102-B Indian Penal Code was registered at Ps Kotla Mubarakpur, New Delhi.However, after obtaining a second opinion on the postmortem report, it was stated that in view of the investigations carried out so far, it appeared to be a case of accidental death due to the head of the deceased having impacted in the plastic dustbin which resulted into asphyxia.It was further stated that the matter was still under investigation.(3) Being dissatisfied with the investigation carried out by the police, this petition was filed for transfer of investigation of the case to Central Bureau of Investigation or to any other independent agency.Some of the facts which are relevant for purposes of deciding this petition and which are admitted by the State are:Further, the driver told him that he was coming from the room and Praveen Malhotra appeared to have fallen down; there appeared to be some injury in his mouth and blood was coming out of his mouth to the floor of the room and the receptionist should have the same cleaned.10 or 15 minutes thereafter the receptionist went into the room of Praveen Malhotra and found his head leaning out of the bed and his left hand was totally smeared with blood and he was trying to clean the blood from his mouth with the right hand.The receptionist asked him as to what had happened on which Praveen Malhotra tried to speak but failed in his efforts.The receptionist came back at the reception and telephoned the driver to inform him that the condition of Praveen Malhotra was very bad.After about 7-8 minutes, the driver reached the Guest House and the receptionist along with the driver went to the room of Praveen Malhotra where they cleaned his mouth with a towel.After opening the mouth, the driver told the receptionist that it appeared that the tongue of Praveen Malhotra had been cut as a result of which the blood was coming out.When the driver wanted to take Praveen Malhotra to Golf Links to the Doctor, he was told by Praveen Malhotra that he was all right and he wanted a peg of whisky to be given to him.A bottle of whisky was lying in the room and the driver made a peg from out of that and the receptionist came back at the reception.After about 20-25 minutes, the driver came at the reception where he told the waiter Anand Singh to take care of Praveen Malhotra.At about 10.30/10.45 p.m. some lady telephoned at the guest house and asked the receptionist to call the person from room No. 2 where Praveen Malhotra was staying.However, nobody responded to the phone in room No. 2 whereupon the lady asked him to go to the room and find out as to why nobody was responding.When the receptionist went in the room he found that Mr.Malhotra was vomiting blood.The receptionist immediately informed that lady on the phone about the same.After about 8-10 minutes, the driver came at the guest house and he was taken to the room and they found that Praveen Malhotra was already dead and while the lower portion of the body was on the bed, the upper portion was leaning from the bed and his head was in the plastic dustbin.Thereafter, the receptionist telephoned at the same number where he had spoken to the driver earlier and informed the person who had picked up the receiver about Praveen Malhotra.As nobody came at the guest house in spite of the information having been given on telephone, nor the driver came back, police was called at the guest house and was informed about the incident.(6) About the second post-mortem report which had been obtained by the police, the case of the State is that as the statement of witnesses did not tally, a request was made for constitution of a Medical Board for giving opinion on the postmortem report.(7) On a perusal of the material before me, I find that certain aspects of the matter appear to have not been investigated by the police inasmuch as while the receptionist at the guest house states that the driver when he came at about 11.00 p.m., was taken to the room of Praveen Malhotra and he was found already dead, the driver left the guest house immediately thereafter to come back shortly, however, he did not come back.Thereafter the information of the death was also given on telephone number available with the guest house from where a lady had earlier telephoned to enquire about the deceased, however, nobody came at the guest house.As to why the driver did not return and why did he leave immediately for Allahabad is a matter which requires investigation.Even a matter of urgent nature could wait the departure of the driver to Allahabad when he had already seen the dead body of the person to whom he was attending upon daily and to whom he had spoken only two hours earlier.The persons who had booked the room for Praveen Malhotra in the guest house having been informed about the death at about 11.00 p.m. did not bother to visit the guest house and it appears that the police had not investigated that angle.Though it has been stated by the driver that the deceased before his death was drinking alcohol, the post-mortem report suggests that there was nothing to "suggest intoxication or influence of alcohol/phenytoin /any other common poisons".There is nothing in the report to show as to why the deceased was vomiting blood as there was a pool of blood on the floor.(8) Be that as it may, on a cumulative reading of the statements recorded by the police and the material placed before me, I feel that the investigation so far carried out was not satisfactory and certain vital aspects of the case have not been investigated.Mr. Aggarwal has no objection if the matter is transferred to the Crime Branch, Delhi Police for further investigation.(9) For the foregoing, I transfer investigation of the case to the Crime Branch, Delhi Police which will carry out further investigation without in any manner being influenced by the investigation carried out earlier.With these observations, the petition stands disposed of.

Relevant sections: Section 302 in The Indian Penal Code