IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Stay Application No. 2176 of 2009 In Criminal Writ Petition No. 178 of 2009 Hem Chandra Sharma S/o Late Ram Dutt Sharma R/o Village Padampur Devariya, P.O. Motahaldu, Police Station Lalkuwa, Tehsil Haldwani, District Nainital …..Petitioner. Versus 1. Union of India through the secretary, Ministry of Personnel, P.G. and Pension (Department of Personnel and Training) Government of India, North Block, New Delhi. 2. Deputy Secretary, Ministry of Personnel, P.G. and Pension (Department of Personnel and Training) Government of India, North Block, New Delhi. 3. State of Uttarakhand through the Chief Secretary, Uttarakhand, Shasan, Dehradun. 4. Director, C.B.I. New Delhi. …..Respondents. Shri M.C. Kandpal, Senior Advocate, assisted by Shri S.S.Chaudhary Advocate,present for the petitioner. Shri S.S. Chauhan, Central Government counsel present for the respondent Nos. 1 and 2. Shri M.A.Khan, Brief Holder present for the State/respondent No.3 Shri Ghanshyam Joshi, Advocate, holding brief of the Mr. Arvind Vashisth, Advocate for the respondent No.4. Hon’ble Prafulla C. Pant, J. Hon’ble B.S. Verma, J. Heard. By means of this petition, moved under Article 226 of Constitution of India, petitioner has sought a writ in the nature of certiorari quashing the order dated 12.02.2009 passed by respondent No.2. It is further prayed that C.B.I inquiry be directed to be made in the matter. 2 2) Heard, learned counsel for the parties and perused the record. 3) Brief facts of the case are that the petitioner’s daughter is said have been raped and murdered in the month of November, 2008 and her dead body was found in a sugar cane field. F.I.R. was lodged by the petitioner, which was registered as criminal case no. 151/2008, under section 302, 376 and 201 of I.P.C. against unknown persons. 4) The State Police, after investigation, filed a charge sheet against one Bhaskar Joshi, for his trial in respect of offence punishable under section 302, 376 and 201 of I.P.C. The petitioner did not get satisfied, and has filed this petition praying that for proper investigation, the matter should be handed over to C.B.I. The State Police said to have recovered clothes of the deceased on pointing out of Bhaskar Joshi. 5) The petitioner has not named anyone in F.I.R nor in his statement under section 161 of Cr.P.C. 6) In this writ petition also, it is not stated as to how investigation made by state can be said to be unsatisfactory at this stage, particularly when trial is on. 7) Apart from this, it is pertinent to mention here that State Government did make request to the Central Government vide its letter date 19.12.2008 requesting for investigation by C.B.I. However, Government of India appears to have not 3 accepted the request and communicated vide its letter dated 18.03.2009, which is annexed as annexure-3 to the writ petition. 8) Having considered the submission of the learned counsel for the parties after going through the papers and record, in the above circumstances of the case, we are not inclined to direct C.B.I inquiry in the present matter. 9) The writ petition is dismissed, accordingly. (B.S. Verma, J) (Prafulla C.Pant, J) 23.07.2010 JM