RAJENDRABHAI JAGJIVANBHAI CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms.Thakkar, learned APP waives service of notice of rule on behalf of the respondent. The petitioner is before this Court seeking the handing over investigation either to the CID (Crime) or Central Bureau of Investigation on account of death of his son Vishal, who was working as Chemical Engineer in the factory at Vapi GIDC.

(2.) The petitioner herein-original complainant is having two sons Vishal and Rahul and having no daughter and wife of the petitioner is doing household work. An accidental case is being inquired into after the incident had taken place on 24.08.2015. It is the say of the petitioner, who is the father of the deceased, that his son after completing B.E. Chemical Engineering was working with Amoli Organic Private Limited having business in GIDC at Vapi. He was residing at Vapi in a rented house. Incident in question occurred on 25.08.2015 early morning and one Munnilal Shah, Manager of the Company informed the complainant at about 8.30 in the morning that his son Vishal has expired. By the time complainant and his other family members reached Vapi, postmortem of Vishal was carried out and dead body was put in ambulance.As they wanted to lodge the complaint, Munnilal Shah called police, who informed them that everything is alright and the deadbody is required to be shifted to Malad, Mumbai where deceased was residing. As the body was to be preserved, complainant notices burn injury on the person of the deceased and posterior part of his head was bleeding heavily, therefore, they took the photographs of the dead body and called police. On 27.8.2015, postmortem of the deceased was performed by J.J.Hospital, Baikhala wherein 17 injuries were found on his person and it was found 56% of the whole body was burnt. Thereafter, complainant went to Vapi at the factory of his son, however, on every visit the complainant was shown different places of occurrence. Police in connivance with the owner of the company prepared false paper that son of the complainant died because of heart attack. With such allegations, complaint was given on 28.3.2016 at GIDC Vapi Police Station.It is the grievance of the petitioner who is the father of the deceased that investigation is not being carried out in the manner it needs to be. It is also his grievance that after postmortem, postmortem report and forensic report followed blindly without examining other papers. It is also his say that some of the records are not revealing true picture therefore there is need to change the agency.

(3.) When the petition firstly came up for hearing before this Court on 30.9.2016, this Court disposed of the same by observing as under:-