A.P.LAVANDE, J.

(1) Heard Mr. Anjan De, learned counsel for the petitioners, Mr. N. W. Sambre, learned P.P. for respondents 1 and 2, Mr. S. K. Mishra, learned Assistant Solicitor General for respondent No. 3 and Mr. Sunil v. Manohar, learned amicus curiae.

(2) Rule.

With the consent of learned counsel the petition1 was taken up for final disposal. We heard the learned counsel for the parties at length.

(3) By this petition the petitioners seek a direction that investigation in respect of the death of Yogita Thakre-minor daughter of the petitioners which has been registered as accidental case by respondent No. 1 be handed over to Central Bureau of Investigation ("the C.B.I." for short). The petitioners have sought further direction that the C.B.I, be directed to submit report to this Court after investigation.

(4) The grievance made by the petitioners in the present petition is that the unnatural death of Yogita the daughter of the petitioners on 19-5-2009 has,not been investigated by respondent No. 1 in a fair and impartial manner and, therefore, the investigation be handed over to C.B.I. Before adverting to, the submissions made by Mr. De, the learned counsel for the petitioners we deem it appropriate to mention briefly the investigation carried out by respondent No. 1 in the matter. On 19th May, 2009 the petitioner No. 2 lodged report to the Police Station, Kotwali, Nagpur inter alia stating therein that he along with his wife Vimal - petitioner No.,1 was residing at Dasra Road, Mahal Nagpur and his wife was working as domestic servant. His daughter Yogita aged about 7 years was accompanying petitioner No. 1 and while petitioner No. 1 was working as domestic servant Yogita used to play in Gadkari Wada. On that day Yogita was found in a white vehicle (Honda CRV) bearing MH 31 DB 2727 the doors of which were locked. She was found dead inside the vehicle. At about 7 p.m. Yogita was examined by Dr. Paranjape who declared her dead. The petitioner No. 2 thereafter was called and he took the dead body of Yogita. Petitioner No. 2 lodged report to the Police Station, Kotwali Nagpur. After receipt of the report spot panchanama was drawn on 20th May, 2009 in the night at about 1.40 a.m. The vehicle bearing No. MH 31 DB 2727 was searched. Nothing incriminating was found in the vehicle. Another vehicle bearing No. MH 31 CS 2727 (Fiat Linea) was also noticed on the spot. Accidental death was registered and the body was sent for postmortem. Inquest panchanama was conducted on 20th May, 2009. Death certificate was issued by Forensic Department under the signature of Dr. P. G. Dixit - Professor and Head of Department of Forensic Medicine, Government Medical College, Nagpur who opined that cause of death was smothering and the opinion regarding forcible intercourse was reserved since the report of chemical analyser was not available. Viscera was sent for chemical analysis in 3 bottles. In the post-mortem report it was opined that death could be either homicidal or accidental. The Chemical Analyser report was received on 4th June, 2009. The Regional Forensic Science laboratory, Nagpur has opined that upon chemical analysis of the samples containing loop of intestine with its contents, pieces of liver, spleen, kidney, blood, poison was not detected. On the basis of the above report, the investigating officer referred the matter to the panel of Doctors of Forensic Laboratory consisting of Mr. P.G. Dixit, Professor and Head of Department of Forensic Medicine, Government Medical College, Nagpur and Dr. T.M. Dahake for opinion. The panel, inter alia, opined that the death was caused within 12-24 hours of the post- mortem examination and death was about 34 hours after consumption of food. There was no evidence of forcible sexual intercourse but it was difficult to comment whether there was an attempt of sexual intercourse. Blood stains found over underwear, half top and slack were of Yogita. No semen was detected on vaginal swab, vaginal smear