( 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 whereby a direction was given for payment of a sum of Rs. 2 lacs to the original petitioner, i. e. Dharmishtaben 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 11th January/19th January 1996 addressed to the Chief Justice of this Court by one Dharmishtaben, 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 Dharmishtaben recording therein that in her application, she had stated that on 1. 11. 1995 at 1 Oclock in the midnight, Mr. M. H. Joshi, PSI, 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 CID 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 PSI 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 PSI 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 PSI 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 tile of Dharmishtaben petitioner vs. 1) State of Gujarat, 2) Shri M. H. Joshi, PSI, LCB, Godhra, 3) Dave, SDPO, 4) Police Constable Dinesh, and 5) Ambalal Rana, landlord of the house of the CID office as respondents. The copy was served upon the Public Prosecutor. On 1. 2. 1996, notice returnable for 9th February 1996 was issued to respondents 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 respondents 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 DSP, Panchmahals, Godhra had directed the Addl. DSP 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 also to produce the post mortem notes and other medical papers relating to the death of deceased