( 1 ) THE petitioner is heir and legal representative, of one Vinod Kumar Sharma. He met with an accident on 10. 12. 1992 while allegedly driving in a drunken state. A First information Report ( in short, f. I. R. ) was lodged on the basis of a telephone call, which is in the following terms :-

"d. D. No. 50b dt. 10. 12. 92, P. S. Rajouri garden, New Delhi. Arrival of telephonic information from P. P. MIG Flats and Departure. Time, 8. 10 P. M. Constable Santosh kumar No. 1547/w gave an. information from p. P. MIG Flats that on the main Najafgarh road, in front of Shop of Maharaja Band, a two wheeler scooter has met with an accident. Police be sent. As per the procedure, the telephonic information was recorded in the daily Dairy. Copy of the Daily Dairy has been handed over to S. I. Suhil Kumar who along with Constable Sumer Singh No. 1197/w left for the spot. Duly Officer. "

( 2 ) THEREAFTER the respondent No. 6 together with a Constable visited the site. The said respondent recorded statements of the witnesses whereupon he was taken in custody and sent for medical examination and/or treatment to Deen Dayal Upadhyay Hospital ( in short, ddu Hospital ), as he suffered