NANDAN SINGH BISHT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE present petition is filed seeking mandamus commanding/directing the respondent to do correct and proper investigation pursuant to the First Information Report No. 457 of 2012 Under Section 279/304A of I.P.C.

(2.) MR . Lokendra Dobhal, learned counsel appearing for the petitioner, submits that although present case is of murder, punishable under Section 302 of I.P.C., however, police deliberately registered the offence under Section 304 -A of I.P.C. He further contends had there been proper investigation, police would have filed chargesheet in respect of offence punishable under Section 302 I.P.C.

(3.) HON 'ble Apex Court in the case of Sakiri Vasu v. State of U.P., reported : (2008) volume 2 SCC 409 in paragraph No. 13, 15, 17, 24, 25 and 27 has held as under: