HAZARA BIBI Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) BY Court - This writ petition has been preferred by widow of one Ali Hussain, who was taken in custody by the police on 15th November, 2004 in a case instituted under Section 25(1b)/26 of the Arms Act in Palajori PS Case No. 122 of 2005 corresponding to G.R. Case No. 725 of 2005.

(2.) THE Petitioner's husband, when was in custody, was found dead in Hazat and was found hanging from ventilator. A Magisterial inquiry was also ordered and the Executive Magistrate submitted its report dated 17th December, 2005 indicating that in his opinion, it is a case of suicide; whereas the Petitioner's contention is that from the manner in which the Petitioner's husband was alleged to have been found handing, it cannot be believed that it could have been a case of suicide.

(3.) I have also perused the earlier orders passed by this Court and I deem it fit and proper that without entering into the merit of the case in any manner, it will be appropriate that a fresh investigation may be conducted by the Central Bureau of Investigation and, therefore, the State is directed to refer the matter to the Central Bureau of Investigation for investigating the matter.