N. M. JAMDAR, J.

1. Rule. Rule made returnable forthwith. Respondents waive service. Taken up for final disposal.

2. Felix Dahl, a twenty-two-year-old Finish national, was found dead with multiple skull fractures and brain haemorrhage on an interior road in Canacona, South Goa. The Canacona police concluded that Felix fell by himself and died an accidental death. The Petitioner, Felix’s mother, dissatisfied with this conclusion and the failure of the Goa Police to investigate the death as a homicide, has filed this petition seeking transfer of the investigation to the Central Bureau of Investigation.

3. The Petitioner, Minna Pirhonen, is a citizen of Finland. She is a University Lecturer at the Plant Pathology Laboratory of the University of Helsinki. Felix Dahl, her son, was a third-year student of Economics. He came to India in the year 2014 as a tourist. In October 2014, he reached Canacona. Canacona is a small city in the south of Goa. It is a popular tourist destination, especially amongst the tourists from the western countries. Canacona has many tourist attractions, the main one is the scenic Palolem beach.

4. On 28 January, 2015 at around 6.30 a.m., the Canacona Police Station received a phone call from one Filomena Pereira of Patnem. Filomena informed them that an unknown young male foreigner is lying dead on the road near Sea View Hotel, Patnem. The police reached the spot and found the foreigner lying dead with injuries on his person. They noticed that dried blood covered his face and blood soaked the ground below the head. Nobody from the locality recognized the body. The police conducted the scene-cum-inquest Panchanama, drew a sketch and took photographs of the scene. The dead body was shifted to Hospicio Hospital at Margao. One Lenslood Fernandes, a resident of Agonda and Malaurie Payge Murden, a citizen of United States, established the identity as of Felix Dahl. The intimation regarding the death was given to FRRO branch, Panaji for onward submission to the Embassy of Finland.

5. The police recorded the statement of Lenslood Fernandes. He stated that he knew Felix. Lenslood informed that on 27 January, 2015 till late hours he was with Felix having dinner at Mini Goa Restaurant at Patnem. Later Felix disappeared from the Restaurant. Lenslood stated that he made efforts to search for Felix at Patnem and Palolem and in the early morning hours, he went back to Agonda, since Felix could not be traced. Lenslood stated that next morning he learnt from the owner of Mini Goa Restaurant, Raju Ulhas Pagui, that one foreigner was lying dead on the road. Police recorded the statement of Malaurie Payge Murden. She stated that on 27 January in the morning Felix had come to her place when she noticed some bleeding injuries on his person and he was disturbed. The police also recorded the statement of Ms. Joanna Lester George. The police recorded a statement of Dr. Jose, who stated that on 27 January, 2015, a local person had come with a male foreigner. The doctor stated that the foreigner had simple injuries and he gave him a tetanus injunction. Dr. Jose stated that Felix was depressed and was answering the questions in only monosyllables. The statement of Andrik Fernandes, owner of Mario Paulo Restaurant was recorded. He stated that on 2 January, 2015, Felix had stayed along with his father Dahl Tommy Gunnar Sand and brother Dahl Alex Johannes at his guesthouse. After staying for eight days, Felix’s father and brother had gone back to their country. He stated that Felix was not behaving normally Amrut.

6. On 29 January, 2015, the body was referred for postmortem at Hospicio Hospital at Margao. The Autopsy Report noted eleven injuries. Injuries on the vital parts were: lacerated wound with irregular edged margin and blood clot within flesh. On the scalp, back 2.0 cm right of midline; 13.0 cm from right ear irregular shaped 1.5 x 1.0 cm x bone deep; on scalp, back 1.0 x 0.5 cm, 1.0 cm below and left of external injury No. 2