KRISHAN KUMAR Vs. STATE AND OTHERS

JUDGEMENT

(1.) This is a petition under Art. 226 of the Constitution of India read with Sec. 482 Crimial P.C. whereby petitioner is seeking transfer of investigation of FIR No. 216/2012, under Sec. 302 IPC, P.S. Crime Branch, to CBI.

(2.) The petitioner is a Head Constable in Delhi Police. His son Manish Kumar, the deceased, aged 23 years was also serving in Delhi Police as a Constable and was posted at 7th Battalion, DAP, Malviya Nagar, Delhi. It is stated that officers/staff of 7th Battalion are provided residential accommodation in a 8 square acre compound in Malviya Nagar. It is stated that the said compound is a highly guarded and protected place as it is occupied by the officers and family members of Delhi Police. It is further stated that several officers are residing in a similarly built one and a half storey buildings. These buildings have a ground floor and half of first floor which have rooms and remaining half of 1st floor is the terrace. The deceased was residing at 1st floor of one such building and was sharing his barrack with 4-5 other occupants. It is alleged that 20-25 officers of Delhi Police were staying in that building at the relevant time.

(3.) On 3.5.2012, at about 8.00 AM, petitioner was informed that the body of his son was lying in a water tank located on the terrace on the first floor of barrack building. It is alleged that the water tank in which body of deceased was found was having capacity of 1000 litres and was 4.5 ft. deep.