MAHESHBHAI AMBALAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this writ application under Article 226 of the Constitution of India, the applicant-original first informant has prayed for the following reliefs; "(A) Your Lordships may be pleased to allow this petition. (B) Your Lordship be pleased to issue the writ of mandamus or any other writ direction or order in nature of mandamus directing the respondent No.2 to register offences against the accused persons pursuant to written complaint filed by petitioner date 19.07.2017. (C) Your Lordship may be pleased to direct the State CID Crime to investigate in to the suspicious death of the son of the petitioner and take appropriate legal action against the accused persons in accordance with law. (D) Your Lordship may be pleased to grant any other and further reliefs your Lordship deem fit just and proper in the interest of justice."

(2.) It appears from the materials on record that the son of the writ applicant herein sustained multiple injuries allover his body in an incident, which is said to have occurred on 21.06.2017. The son of the writ applicant, ultimately, succumbed to the injuries. The writ applicant filed a first information report at the Santrampur Police Station, District: Mahisagar on the very same day, i.e., on 21.06.2017. The first information report was registered for the offence punishable under sections 304(A) and 279 of the IPC and sections 177 , 184 and 134 of the Motor Vehicles Act. The police started investigating the matter treating the case to be one of an accident. The father says that his son was done to death. According to the father, the case is one of murder and not an accident. The father is thoroughly dissatisfied with the manner, in which, the investigation is being conducted. The father complains of threats administered by the police if he would pursue the matter further. The parents of the deceased are present in the court today. They want that the investigation be transferred to any higher agency.

(3.) As on date, the investigation is being conducted by the P.S.I attached to the Santrampur Police Station. I take notice of the postmortem report. In column No.17 of the postmortem report, the following injuries have been noted;