1 26 wp.2174.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2174 OF 2010 Nitin B. Soni. ... Petitioner Vs. The State of Maharashtra and anr. ... Respondents ----- Mr. Dinesh Tiwari i/b M/s.Dinesh Tiwari and Associates for the Petitioner. Mr. D.P.Adsule, APP for the State. ----- CORAM : A.M. KHANWILKAR and P.D. KODE, JJ. DATE : 29 th October, 2010. P.C. 1 Heard the learned counsel for the Petitioner and the learned APP. 2 The grievance of the Petitioner is that the investigation done by the local police official of Mulund Police Station proceeds on the assumption that the cause of death was because of suicide attempt as the deceased Nishi Jitendra Jethwani must have jumped from the 27 th floor. However, according to the Petitioner, there were strong circumstances to suggest that the said Nishi Jitendra Jethwani must have died atleast 4 to 5 hours before the incident of being found on the ground floor. In other words, after homicidal death, her body was thrown from the 27 th floor, which was noticed on ground floor in the morning at around 2 26 wp.2174.10 8:10 a.m. When we called upon the Investigating Officer, who is present in Court to point out from the record whether he had investigated that angle besides relying on the three medical reports, no other material is forthcoming so as to persuade us to take a view that the Investigating Officer did examine that theory suggested by the Petitioner. The Petitioner however, asserts that the Investigating Officer was specifically told to inquire into that aspect considering the fact that the blood found on the spot was of insignificant quantity unlike in the case of death caused on account of jumping from 27 th floor by any person. The medical reports on which reliance is placed does not specifically addressed this issue. The Investigating Officer from the record available with him is unable to tell us in clear terms as to what was the probable time of death of the person, which may be one of the factor that can address the grievance of the Petitioner. Unless the probable time of death ascertained by the experts and the time when the incident took place of fall of Nishi Jitendra Jethwani from 27 th floor was to correspond, in any other situation the theory propounded by the Petitioner would become more probable. All these aspects ought to have been investigated and if that theory was to be accepted, the finger may point out towards some persons in the house or around the house from where the body of Nishi Jitendra Jethwani must have been thrown. 3 Ordinarily, we would have asked the same Investigating Officer to examine these matters. However, in our opinion, considering 3 26 wp.2174.10 the nature of allegation and the assertion of the Petitioner that in spite of suggestion made by the Petitioner to the Investigating Officer, that line of investigation has not been done. We therefore, think it appropriate to appoint independent Investigating Agency. 4 We accordingly direct the Respondent – State to transfer the investigation of this case to Crime Branch, Unit – 7. The investigation shall be assigned to officer not below the rank of Assistant Commissioner of Police. We hope and trust that the newly appointed Investigating Agency will explore all possibilities and investigate into all angles including probable cause indicated by the Petitioner and take appropriate steps as may be necessary in accordance with law. Petition disposed of on the above terms. [ P.D. KODE, J ] [ A.M. KHANWILKAR, J ]