AB KHALIQ GUROO Vs. STATE OF J&K

JUDGEMENT

(1.) HEARD appearing counsel for the petitioner.

(2.) CONSIDERED the submissions. In the instant writ petition it is projected that the investigation of the case under FIR No. 149/07 registered with Police Station, Awantipora, may be undertaken by some senior police officer under the supervision of DIG of the Police or the investigation of the case may be entrusted to CBI. The question which arise for consideration is as to whether the instant writ petition can be entertained or not; answer is in negative.

(3.) IT shall be quite apposite to precisely notice the back ground of the matter. Petitioner herein is grand father of the deceased five year old boy who allegedly was beaten by the accused, consequent to which case has been registered under FIR no. 149/2007 for commission of offence under. Section 147 and 323 RPC. Date of occurrence is 12.09.2007. Later on the deceased died in SKIMS on 14.10.2007. Offence punishable under Section 302 R.P.C was added and the accused family comprising of six persons were arrested. Bail petition on their behalf was also rejected by Chief Judicial Magistrate, Shopian, as at that time post mortem report was not produced. Subsequently, composite petition in terms of Section 435 Cr.P.C and 498 Cr.P.C was preferred before this court. Same stands disposed of vide order dated 12.12.2007. Accused were admitted to bail in view of the postmortem report which is reproduced below: -