SUBHASH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition has been filed with the prayer that investigation of FIR No.247/2010 registered at Police Station Kotwali Jahalawar for the offences under Sections 302 and 120 B IPC be transferred to Central Bureau of Investigation such that fair investigation in the said FIR may be conducted and actual culprits responsible for the murder of deceased Dheeraj Tripathi be brought to justice.

(2.) THE facts of the case are that the deceased Dheeraj Gothwal was studying in IInd year of Jhalawar Medical College. THE allegation in the FIR lodged as aforesaid was that Dheeraj Gothwal sustained head injury on 24-5-2010 and died therefrom, purportedly due to falling from balcony of the hostel of Jhalawar Medical College. According to petitioner the falling of the deceased Dheeraj Gothwal appeared to be a case of murder and the accidental fall from the balcony of the hostel was only a concoction to protect the guilty. According to the petitioner -the complainant father -on receiving information rushed to Jhalawar. However in the course of treatment Dheeraj Gothwal expired. About eight days subsequent to the incident of 24-5-2010, a FIR came to be registered on or about 2-6-2010 at Police Station Kotwali Jhalawar as 247/2010 for the offences under sections 302 and 120 B IPC at the instance of the father of the deceased Dheeraj Gothwal -Subhash Chandra.

(3.) HAVING heard learned counsel for the petitioner and considering the material available on record and bearing in mind the enunciation of law on the subject/ issue in this petition by the Hon'ble Apex Court, I find no ground for allowing the prayer of the petitioner for transferring the investigation of the case to CBI. No allegation of any malafide or lethargy has been made against the state Investigating Agency nor are important state political and high/ senior police officials alleged to be involved to create a reasonable apprehension in the mind of the court that justice in the case of the complainant petitioner was not done or would not be done. From the reading of the Final Report (negative) filed before the Judicial Magistrate Jhalawar it prima facie appears that the police has conducted a fair investigation and after recording statements of those named and detailed in the FIR and others and after considering hospital records of the treatment of the deceased and other aspects relating to medical jurisprudence, come to a conclusion that the death of deceased Dheeraj Gothwal was occasioned owing to his accidentally falling from the balcony of hostel. It is important to note that in the FIR or even in the writ petition no allegations have been made of threats to the deceased Dheeraj Gothwal by any person or even any whisper of motive attributed to any person for causing the death of Dheeraj Gothwal. No enmity has been pointed out with reference to which the police could have addressed the investigation. No definitive leads are stated to have been given by the complainant to the police which were allegedly not followed by the investigating agency. The investigating agency has interrogated every person named in the FIR and all conceivable persons present at the time of accident and scrutinised hospital records and recorded statements of relevant witnesses. On the contrary the lack of seriousness of the petitioner complainant in this matter is transparently evident from the failure to even instruct his Advocate before this court of the steps taken before the concerned Magistrate if the petitioner was dissatisfied with police investigation leading to a negative final report. Mere dissatisfaction with the outcome of an investigation without more is no ground to transfer of the investigation to the CBI. If at all the petitioner was dissatisfied with the negative final report filed by the police before the Judicial Magistrate Jhalawar, it was for the petitioner to take his proceedings before the concerned magistrate by laying a protest petition. In the facts of the case I am thus of the view that there is no occasion to allow the prayer made in the writ petition to transfer the investigation to the CBI. The writ petition is dismissed being without any merit.