RAVINDER KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) On 08.02.2012, a fire broke out in the factory premises of ONIDA Electronics, at Village Mandawali, Mangalore, District Haridwar. 11 workers were burnt to death in the said fire. On 09.02.2012, an FIR filed by the brother of one of the deceased workman was registered at Police Station Mangalore, District Haridwar, under Section 304 IPC. During investigation by the police, doubts were raised by an accused, as to the fairness of investigation. One of them i.e. the owner of the factory moved an application before the higher authorities of the State Government for transferring this investigation to another district.

(2.) It is an undisputed fact that subsequently the investigation was transferred to another district and another Investigating Officer and the charge-sheet was filed only against one person who is the General Manager of the factory, that too not under Section 304 of the Indian Penal Code (from hereinafter referred to as the "IPC") under which the first information report was lodged, but under Section 304A of IPC. Thereafter, a criminal miscellaneous application under Section 482 CrPC was filed before this Court which is still pending. Meanwhile, after the final report was filed by the police under Section 173 of CrPC, the present petitioner who had lost his only son in the fire on 08.02.2012 approached the Chief Minister of the State and the Director General of Police for fair investigation in the matter. Ultimately, the Director General of Police vide its order dated 23.03.2016 directed that an inquiry be done by the Inspector General of Police, Garhwal.

(3.) The prayer in the present writ petition is that the investigation of Criminal Case No. 75 of 2016 be done by the Central Bureau of Investigation. During the course of hearing, however, the learned counsel for the petitioner Sri Navneet Kaushik gave a statement before this Court, under instruction from his client, that he would be satisfied if the investigation is handed over again to SIT which was earlier investigating the matter.