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2017 Supreme(SC) 306

DIPAK MISRA, A.M.KHANWILKAR, MOHAN M.SHANTANAGOUDAR
Neelam Mishra – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioners: P.S. Narasimha, ASG (AC) (NP), V. Shekhar, Sr. Adv., Nishant Anand, Shashank Shekhar, Sound Palit, Anand Gautam, Chander Shekhar Ashri, Advs.
For the Respondents:- Ajit Kumar Sinha, Sr. Adv., Sudarshan Singh Rawat, R.K. Rathore, B. Krishna Prasad, D.S. Mahra, Rana Mukherjee, Sr. Adv., Rajiv Nanda, P.K. Dey, Bharat Singh, Mukesh Kumar Maroria, Advs.

ORDER

The petitioner, a mother in distress, has invoked the jurisdiction of this Court under Article 32 of the Constitution of India for transfer of the investigation pertaining to FIR No.0003/2016 registered with the Crime Branch, Delhi to the Central Bureau of Investigation (CBI) for further investigation. The assertion in the petition is that her daughter, Pooja, died under mysterious circumstances on 1.8.2015 at the age of 22 and the photographs of the deceased reveal that there has been assault with immense brutality which could not have been caused by an accident. It is apt to mention that the medical report mentions that the injuries suffered by the victim do not rule out a homicidal assault. That apart, the report also reflects that the injuries that have been sustained by the victim may be due to striking of edged heavy blunt weapon during inter-personal violence.

2. It is submitted by Mr. V. Shekhar, learned senior counsel for the petitioner that there has been no proper investigation in respect of the crime in question and effort is being made for some unfathomable reason to treat it as an accident. True it is, some investigation has been carried out by the Crime Branch of




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