INDU CHOKSHI & ANR Vs. CBI & ORS.

JUDGEMENT

(1.) THE present writ petition under article 226 r/w section 482 CrPC is preferred praying for a CBI inquiry in the investigation and constitution of a medical board to examine the cause of death of the Petitioners' mother by hanging alleging laxity in investigation by the local police.

(2.) THE brief facts necessitating the present petition are that on 08.11.2007 information was received to the effect that one lady namely Smt. Krishna Devi has committed suicide at premises no. C -1/96, Phase -II Ashok Vihar, Delhi which was recorded vide D.D. No. 10 -A. On receipt of the information the IO reached the spot and on enquiry he was informed that the deceased used to get up early in the morning, but on that day when she did not wake up for quite sometime, her daughter - in - law Kumud Sharma knocked at the door and since there was no response, she informed her husband and children who pushed the door as a result of which the Chitkani broke and when they entered the room they saw the deceased hanging from a ceiling fan with the help of a saree. The crime team was summoned at the spot, which thoroughly inspected the spot. The scene of occurrence was photographed. A suicide note was found on the spot. Proceedings under section 174 CrPC were initiated.

(3.) THE learned counsel for the Petitioners contended that the investigation conducted by the police authorities was lax and moved forward with a pre -conceived notion of the incident being a suicide and did not consider the probable and apparent circumstances of the incident. He contended that the police investigation over looked the factum that the deceased was suffering from arthritis and it was improbable for the deceased to have tied herself to the ceiling fan. The counsel for the petitioners also contended that the son and daughter -in -law of the deceased who were residing with the deceased kept the deceased under threat and restraint which fact was over looked by the police authorities.