SUSHILA DEVI Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for issuance of writ of Mandamus directing the CBI to conduct proper investigation in FIR No. 179/04 registered at P.S. Usman Pur.

(2.) THE learned counsel for the petitioner has urged that the police has not conducted a free and fair investigation in the case and it is imperative in the interest of justice that the matter should be investigated by CBI. Reliance has been placed on J. Prabhavathiamma vs. State of Kerala &Ors. 2008 Crl.455.

(3.) THE facts leading to the present writ petition in brief are that on 20.06.2004, the above mentioned FIR was registered under Section 337/ 34 IPC against one Joga Ram Sharma and Suresh Chand upon receiving information at about 6 p.m. that a person named Ramesh alias Omvir Singh had sustained injuries after falling down from a ladder while doing white wash at the house of Joga Ram Sharma and was admitted in Aruna Asif Ali Hospital. Later that night, Omvir Singh (herein after referred to as deceased) succumbed to his injuries and consequently the Section in the FIR was changed to 304-A IPC.