( 1 ) THIS Letters Patent Appeal filed by the State of Gujarat on 19th June, 1997 is directed against the judgment and order dated 21-2-1997 passed by the learned single Judge in Special Criminal Application No. 101 of 1996 (reported in 1997 (2) GLR 1043) whereby a direction was given for payment of a sum of Rs. 2 lacs to the original petitioner, i. e. , Dharmistaben Narendrasinh rana, as a measure of interim compensation.

( 2 ) THE facts of the present case depict a dismal story of the death of Shri narendrasinh Rana who was working as an Assistant Intelligence Officer in the establishment of Intelligence of the Police Department. At the relevant time, he was posted as Assistant Intelligence Officer at Lunawada, District Panchmahals, at Godhra. An application dated llth January/19th January, 1996 addressed to the Chief Justice of this Court by one Dharmistaben, i. e. , wife of deceased narendrasinh Rana was received by post with the prayer that for the facts, reasons and grounds stated in the application, a high level inquiry be ordered in the matter of death of her husband. On 24th January, 1996, the Joint Registrar of this Court made a submission on the basis of this application dated 19th january, 1996 received from Dharmistaben recording therein that in her application, she had stated that on 1-11-1995 at 1 Oclock in the midnight, mr. M. H. Joshi, P. S. I. , Local Crime Branch, Godhra, Police Constable Dinesh and other members of the staff came and took her husband in a jeep; Mr. Joshi took her husband to C. I. D. office and after that, at 6-30 a. m. , he was taken to Government Guest House at Lunawada. At 7-15 a. m. , her husband had gone to urinals and Police Constable Dinesh also went with him; at that time Dinesh came to P. S. I. Shri Joshi and told him that Head Constable Rana had shot down himself and hearing this, Mr. Joshi rushed to the spot and found the body of head Constable Rana lying in between the door of the urinals. The P. S. I, had taken the body outside and Police Constable Dinesh had taken the revolver. It was further stated in the application that there was something fishy about the death of her husband and she had a doubt that P. S. I. Mr. Joshi and Police constable Dinesh had murdered her husband and the Sub-Divisional Police Officer mr. Dave had helped them. On these allegations, a high level inquiry with regard to the aforesaid incident was sought. It appears that the then Acting Chief Justice, on the very same day, i. e. , 24th January, 1996 recorded yes to the part "a" of the aforesaid submission made by the Joint Registrar that the said application in question as sent by Dharmishtaben may be treated and registered as Special criminal Application under Rule 31 of the High Court (Amended) Rules, 1995 and the same be placed before the Court for appropriate orders. Accordingly, the said application was registered as Special Criminal Application No. 101 of 1996 with the title of Dharmistaben petitioner v. (1) State of Gujarat, (2) Shri m. H. Joshi, P. S. I. , L. C. B. , Godhra, (3) Dave. S. D. P. O. , (4) Police Constable dinesh, and (5) Ambalal Rana, landlord of the house of the C. I. D. office as respondents. The copy was served upon the Public Prosecutor. On 1-2-1996, notice returnable for 9th February, 1996 was issued to respondent Nos. 2 to 5 with a direction to remain personally present before the Court and file their respective affidavits-in-reply with regard to the allegations made in the application. On 9-2-1996, the matter was adjourned on the request of the respondent Nos. 2 to 5 to 23rd February, 1996, the matter was then made to stand over and on 16th March, 1996, it was stated on behalf of the respondent no. 1 State of Gujarat that D. S. P. , Panchmahals, Godhra had directed the Addl. D. S. P. of Panchmahals to inquire into the matter and the inquiry had already been made. Learned Public Prosecutor, was therefore, directed to furnish a report of such inquiry on record and