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TMI Blog1988 (4) TMI 430X X X X Extracts X X X X X X X X Extracts X X X X ..... e against the police and further about the haphazard manner in which the investigation against the accused police officers was investigated with a view to shield the guilty members of the Delhi Police. Kashmeri Devi the appellant is the unfortunate widow of Gopi Ram deceased who was a tonga driver. On the fateful night of 22/23.8.1986 two sub-inspectors accompanied by two constables visited the house of Sudesh Kumar of Prem Nagar. It is alleged that they started beating Sudesh Kumar. Hearing his shrieks his maternal uncle Gopi Ram deceased came to the spot, he tried to intervene whereupon the police men are alleged to have giving him beating also. Gopi Ram and Sudesh Kumar both were arrested and taken to the Police Station Patel Nagar wher ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as forced to sign blank papers. He named the police officers who were responsible of the death of his maternal uncle. On that complaint a case was registered under Sections 302/342 IPC against the police officers of Patel Nagar Police Station but no action was taken against those officers. After some time case was converted to Section 304 IPC for purpose of investigation. The appellant Kashmeri Devi approached the High Court by means of a writ petition under Article 226 of the Constitution for transferring the investigation of the case from the Crime Branch of the Delhi Police to Central Bureau of Investigation. Division Bench of the High Court dismissed the writ petition by its order dated 26th September, 1986. Thereupon, the appellant app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The affidavit further refers to some medical report which purports to state that deceased died on account of alcohol and marphine. It is further stated that after taking into consideration the cause of the death given by the Doctor, charges were amended to Sections 323/342/34-IPC and after completing the investigation challan was prepared and the same has been put in the Magistrate's Court. The affidavit of Kanwaljit Deol states that in the absence of evidence the story set up by Sudesh Kumar could not be substantiated. After hearing learned counsel for the parties and on perusal of the record we are satisfied that prima facie the police have not acted in a forthright manner in investigating the case, registered on the complaint of S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a proper and objective manner. We are therefore of the opinion that in the interest of justice it is necessary to get a fresh investigation made through an independent authority so that truth may be known. Since according to the respondents charge-sheet has already been submitted to the Magistrate we direct the trial court before whom the charge sheet has been submitted to exercise his powers under Section 173(8) Cr. P.C. to direct the Central Bureau of Investigation for proper and thorough investigation of the case. On issue of such direction the Central Bureau of Investigation will investigate the case in an independent and objective manner and it will further submit additional charge sheet, if any, in accordance with law. The appeal st ..... X X X X Extracts X X X X X X X X Extracts X X X X
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