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2022 Supreme(Del) 959

ANOOP KUMAR MENDIRATTA
Azhar Rasheed – Appellant
Versus
State NCT Of Delhi – Respondent


Advocates appeared:
R.D. Rana, Advocate, R.S. Kundu, Advocate, Pooja, Advocate, Mukul, Advocate, Nitij, Advocate

JUDGMENT

anoop Kumar Mendiratta, J. - a Writ Petition (Criminal) under article 226 of the Constitution of India read with Section 482 Cr.P.C. has been filed on behalf of the petitioner for issuing writ of Mandamus or any other writ/directions/order directing respondent No.4 for transfer of investigation in respect of death of athar Rasheed (brother of the petitioner) to CBI or any other independent agency.

2. In brief, athar Rasheed, aged about 35 years is stated to have expired due to sole negligence during the process of hair transplantation undertaken at United Hair Studio, House No.223, Pocket 26, Sector 24, Rohini, New Delhi.

It is averred that after athar Rasheed returned back on taking treatment, he developed serious pain over his scalp followed by swelling on the face and shoulders and had to be admitted at Escorts Heart Institute and Research Centre. On 26.06.2021, athar Rasheed passed away during course of treatment. It is also submitted that none responded from the concerned Centre and accused appear to have fled. Further, no action was taken by the police despite complaint being made on 06.07.2021 and running from pillar to post.

3. During the course of inquiry, the treat

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