RATTAN LAL Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) In the present petition, the petitioner seeks a Mandamus directing the State to hand over the investigation to an independent agency like Central Bureau of Investigation (CBI) or to any other specially constituted investigation team in regard to the murder of the petitioner's daughter, namely, Neha Kumari.

(2.) On 26.02.2018, an information was received at Police Station, Pacca Danga, Jammu that one Neha Kumari W/o Vivek Bhasin R/o H.No. 06, Ustad Mohalla, Jammu, had received a gun shot at her house and had thus got seriously injured. It appears that during treatment, the petitioner's daughter succumbed to her injuries. Inquest proceedings under Section 174 Cr.P.C were initiated vide DDR No. 12 dated 26.02.2018 at Police Station, Pacca Danga, Jammu and enquiry initiated by Sub-Inspector, Deeraj Nagpal, SHO of the said Police Station.

(3.) As per the response filed by the State, during the course of enquiry, the Enquiry Officer, i.e, SHO, Police Station, Pacca Danga visited the spot, prepared a site plan and got the post-mortem of the deceased conducted from Government Medical College, Jammu. Thereafter, the body was handed over to the legal heirs for last rites. FSL team was also summoned on the spot, who lifted the blood stained samples, clothes, pistols along with magazine and 14 live cartridges and one empty cartridge from the scene of the crime and sent it to the FSL Jammu/Srinagar for expert opinion.