1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No.1576 of 2008 . Lt.Col. Rajendra Singh (Retd) .. Petitioner v/s. The Senior Inspector of Police, Oshiwara Police Station & Others ..Respondents Mr.S.V.Kotwal i/b. M.S.Mohite for the Petitioner. Mr.A.S.Gadkari APPfor the State CORAM : B.H. MARLAPALLE & R.Y.GANOO, JJ. DATED : 17th December, 2009 P.C. : 1. The petitioner who is a retired Lt. Col. from the Indian Army and a recipient of Sena Medal for gallantry shown during the 1971 war, has filed this petition under Article 226 of the Constitution seeking directions to the Commissioner of Police to register an FIR into the unnatural death of his son Kunal and to cause investigation into the same through an independent agency including the CBI, as this court may deem fit. 2 2. As per the directions issued by this Court copies of inquest panchanama and the photographs as well as the copies of postmortem report was placed before us by the learned APP. On 22.1.2009 this Court called upon the medical officer who had conducted the post mortem, to appear with all the record and at the same time the Commissioner of Police, Mumbai was directed to appoint a Special Investigation team to investigate into the homicidal death of Kunal. This Court directed the Commissioner of Police to register the FIR for the offence punishable under Section 302 of IPC. The Medical Officer, Cooper Post Mortem Centre by his communication dated 12.8.2009, addressed to the Senior Inspector of Versova Police Station, Mumbai informed that the post mortem finding and photographs of the deceased indicated his death as homicidal and the death was caused due to compression of neck by ligature (unnatural). 3. Smt. Kalpana Gadekar, came to be appointed as the Chief of S.I.T. and she submitted the reports of investigation from 10.9.2008 onwards periodically. Last of such report is dated 8.12.2009. During the last few months, as per the Investigating Officer she has done her best in undertaking the investigation, arresting Ms. Lovina Bhatia, administering lie detection test on her, thoroughly interrogated her and a chargesheet 3 could be filed against Ms. Bhatia. The investigation indicated that Ms.Bhatia was present in the company of the deceased when the incident had taken place at his home and as per the lie detection test report, the psychological evaluation, profile and polygraph examination went to show that Ms. Bhatia was found to be deceptive on the questions related to her having been a witness to Kunal’s murder and helping in murdering him and even giving false information regarding his death. 4. We have perused the postmortem report, seen the photographs of the deceased and the injuries noted on his body as well as the hanging position as seen in the photographs which prima facie indicate that he could not have been put to death by one person. Kunal was about 38 years of age and a healthy and strong young man. His flat was located on the first floor (above the stilt) and the medical opinion suggested that he was done to death and he was shown hanging so as to show that he committed suicide and this could be a handy work of the killers. During the last few months, no headway is made in the investigation and the statements recorded during the course of investigation by the Special Investigating Officer do not take the prosecution case even close to filing a chargesheet for the offence punishable under Section 302 I.P.C. The respondent no.2 was 4 directed to appoint a special Investigating Officer primarily to give sufficient opportunity to the Mumbai police to carryout the investigation in a professional manner and to repose the confidence in the said force at the first instance. The result of investigation till now has belied this confidence and therefore, we have no alternative but to hand over the investigation to the Central Bureau of Investigation so that the homicidal death of Kunal is investigated thoroughly and the culprits are put on trial. 5. We, therefore, allow the petition and hand over the investigation to Mr.Pramod Mudbhatkal, Superintendent of Police, Spl. Branch, CBI, Mubai. . We direct Mrs.Kalpana Gadekar to hand over all the papers of investigation and connected material including the copies of the reports she has submitted before this Court to Shri Pramod Mudbhatkal immediately. . Mr.Mudbhatkal would proceed to take all appropriate steps so as to cause and commence the investigation expeditiously. We also direct the Commissioner of Police, Mumbai to provide the necessary infrastructural facilities to Shri Pramod Mudbhatkal in regard to this investigation handed 5 over by us. We direct the first investigation report to be submitted by the CBI within three months from today to the Registrar (Judicial). [R.Y.GANOO, J.] [B.H. MARLAPALLE, J.]