1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Criminal Writ Petition No.1288 of 2009 Khush Mohammad s/o Mohammad Hanif Petitioner Vs. The State of Maharashtra Respondent Mr.V.Narayanan i/b. Ms.Anisha Narayanan for petitioner. Mrs.V.R.Bhosale, APP for State. CORAM: B.H.MARLAPALLE & R.Y. GANOO,JJ. November 25, 2009. P.C. 1. We have heard the learned counsel for the petitioner. Mrs.Bhosale, the learned APP appears for the respondent – State of Maharashtra. Shri Shivnath Uttamrao Vyawhare, Police Sub-Inspector presently attached to Bandra Kurla Complex Police Station has filed affidavit-in-reply. 2. In this petition the petitioner prays for directions to the CBI to enquire into the death of his son Saddam Hussein taken place on 19/9/2008 in suspicious circumstances. The said 2 Saddam Hussein had come to Mumbai from Delhi and was working as a labourer with some building contractor for about two years. As per the investigation carried out in ADR No.47 of 2008, on 19/9/2008 the said Saddam Hussein was found sleeping on footpath next to American School and ASI Shinde who was on the wireless van saw him and handed over to his colleagues viz. Imtiyaz Alam Mohd. Farooq, Mohammad Anees Rehman and Sakir Alam Matlib. The said colleagues had admitted Saddam Hussein to Bhabha hospital, Bandra (West), Mumbai on 19/9/2008 and on 20/9/2008 a letter was received from the Medical Superintendent of Bhabha Hospital stating that Saddam Hussein died. The police recorded the statements of Imtiyaz Alam Mohd. Farooq, Mohammad Anees Rehman and Sakir Alam Matlib on 20/9/2008. The dead body was sent for post-mortem to Sion hospital. The PM report stated the cause of death as “Acute respiratory distress syndrome following pulmonary hemorrhage (Natural)”. The inquest panchanama was drawn and the dead body of Saddam Hussein was handed over to Shri Mubarak Hussein Shaikh after recording his statement on 20/9/2008. The said Shri Mubarak Hussein Shaikh was identified to be the uncle of the deceased. On 16/10/2008 the petitioner approached the police and his 3 statement was recorded. However, on 19th February 2009 the petitioner submitted a representation to the Hon’ble Chief Minister of Maharashtra and alleged that while on the construction site a concrete slab had fallen on the head of his son - Saddam Hussein and he sustained an injury as a result of which he died. Based on this representation it is alleged by the petitioner before us that the Police Officers in collusion with the Sub-Contractors Mr.Mohd. Mustakin and Mohd. Taheer as well as officers of M/s.Parinee Developer Pvt.Ltd., Bandra Kurla Complex, refused to undertake investigation and falsely claimed that his son died a natural death. 3. We have seen the post-mortem report. There is no indication that the deceased had sustained any injury on his body leave alone the head injury. The learned counsel for the petitioner submitted before us that the mere fact that two dead bodies have been received under a common challan raised strong suspicion and there was something fishy. The record placed before us indicates that the dead body was handed over to Shri Mubarak Hussein Shaikh who was identified to be the uncle of the deceased. 4 4. Hence we do not find any case to grant relief prayed for. The petition is rejected. (R.Y.GANOO,J.) (B.H.MARLAPALLE,J.)