ANIL MEHTA Vs. STATE

JUDGEMENT

(1.) THE petitioner has filed this writ petition for the transfer of investigation into the death of his brother Mr. Rajeev Mehta, who was an advocate by profession and who died on 2nd December,2010 under mysterious circumstances, from the Crime Branch of Delhi Police, which had registered the FIR after direction to that effect was given to it by the Additional Chief Metropolitan Magistrate('A.C.M.M.' in short) on 19th November,2011 under Section 156(3) of the Code of Criminal Procedure,1973 ('Cr.P.C.'in short) in Complaint Case No.63/1/11), to the Central Bureau of Investigation(CBI).

(2.) THE petitioner and his other family members were suspecting from day one that the deceased had been got murdered by his wife Mrs. Geeta Makkar, in connivance with some persons known to her but the local police within whose jurisdiction the death took place was least interested in registering a case of murder. The petitioner has been crying hoarse that his brother had been murdered and his murderers should be booked and punished. Having failed to get the case of murder registered by the local police the petitioner approached the Court of A.C.M.M. by filing a criminal complaint and the Court was also requested to direct the police to register an FIR and to investigate the matter.

(3.) ON 19th November, 2011 the following order was passed by the learned A.C.M.M.: