O P MALHOTRA Vs. STATE

JUDGEMENT

(1.) Being dissatisfied with the investigation carried on by the Delhi Police in Case FIR No. 127/95 dated 26th April, 1995 registered at PS Kotla Mubarak pur, New Delhi under Sections 302/ 120B/IPC, the petitioner has filed this petition for transfer of investigation to the Central Bureau of Investigation or any other independent agency.

(2.) One Praveen Malhotra was the son of the petitioner and was residing on the first floor of House No. A-lll, Defence Colony, New Delhi. The petitioner and his wife i.e. the parents of Praveen Malhotra were residing on the ground floor of the same house. In the night intervening 19/20th December, 1994 Praveen Malhotra was found dead in suspicious circumstances in room No. 2 of South Delhi Guest House, NDSE-I, New Delhi. The petitioner made a complaint to D.C.P.(South) on 20th December, 1994 staling inter alia that he suspected foul play in the death of his son at the hands of certain persons whose names had been mentioned in the petition. Certain instances of the said persons having got blank papers signed from Praveen Malhotra and having tried to grab the properties have also been given in the petition. On the complaint of the petitioner and after some investigation which was entrusted to Special Investigation Unit, South District and on receipt of the post mortem report, a case under Sections 302/102-B Indian Penal Code was registered at PS Kotla Mubarakpur, New Delhi. However, after obtaining a second opinion on the postmortem report, it was stated that in view of the investigations carried out so far, it appeared to be a case of accidental death due to the head of the deceased having impacted in the plastic dustbin which resulted into asphyxia. It was further stated that the matter was still under investigation.

(3.) Being dissatisfied with the investigation carried out by the police, this petition was filed for transfer of investigation of the case to Central Bureau of Investigation or to any other independent agency. Some of the facts which are relevant for purposes of deciding this petition and which are admitted by the State are: