By means of filing this writ application under Articles 14, 19, 21 & 226 of the Constitution of India, the petitioner no.1, who is brother of alleged victim of custodial crime and the petitioner no. 2, who is mother of the victim, have inter alia, prayed for [a] issuance of writ of mandamus and/or, writ in the nature of mandamus, directing the respondent-authorities to hand-over investigation papers to an independent Investigating Agency like Central Bureau of Investigation [CBI]; [b] to take action against erring Police Constable viz., Pir Mohammed Fateh Mohammed, Mahendrasinh Hamirsihn, Vijansinh Sankarsihn Kishan Naslabhai, PI-AC Patel and PSO JR Waghela; [c] to direct the respondent-State to produce police papers/report prepared in pursuance to incident dated 2nd July 2005 and 3rd July 2005 regarding the death of Ghanshyam, while victim was in custody of Kareli Baug Police Station; [d] to award compensation of Rs. 5,00,000/- to the petitioners; [e] to direct the State authorities to register complaint against the erring officers who were on duty at the time of said incident; and [f] to quash and set-aside the inquiry conducted by the Sub Divisional Magistrate, Vadodara bearing Inquiry Case No. 10 of 2005.

2. Before delving into the matter, brief facts which are relevant for the purpose of adjudicating the issues read thus :

3. On 2nd July 2005 at around 3:00 - 3:30 pm, when the younger brother of the petitioner no. 1 was sitting at the end of Meera Society, Harni Road, Vadodara, at that time, sleuths from North Zone Police Station came and intercepted his younger brother. The petitioner no. 1 came to know about the said fact on the very day at about 7:00 pm, and therefore, the petitioner no. 1 went at DCB Police Station to inquire about his younger brother. However, he was informed that since last two days, no arrest was made and hence, he was direct to make a phone call by dialing 100. Consequently, upon the petitioner no. 1 making a call at the said number, he was informed by the otherside that there was no information as to the arrest of any person named Ghanshyam, so the caller may inquire from North Zone Control room. The petitioner no. 1 did inquire at the said place so directed, however, he could not get any information in respect of arrest of his brother named Ghanshyam. In his efforts to look around desperately for his brother, the petitioner no. 1 lastly reached at Kareli Baug Police Station at around 9:45 pm, from where also, he could not get any information about his brother's arrest.

4. However, to his utter shock and surprise, on the next day morning at around 7:30 am, police personnels identifying themselves to be coming from Kareli Baug Police Station informed the petitioners that Ghanshyam has passed away and asked them to follow them urgently towards the Police Station. Thus, the petitioners reached at the Police Station where they saw Ghanshyam dead. He was lying on the floor without any clothes. The Executive Magistrate and one lady and other police staff were preparing panchanama. The petitioner no. 1 was informed by A.C Patel, Incharge Police Officer of Kareli Baug Police Station that his brother has committed suicide by hanging himself. The petitioner no. 1 observed injury marks of stick on the various parts of the dead body and found that blood was still oozing out from such injuries inflicted on the person of his brother-Ghanshyam. Suspecting death of his younger brother at the hands of police personnels, the petitioner no. 1 lodged a written complaint before the respondent no. 2 herein on 4th July 2005.

5. Heard learned advocates appearing on behalf of the respective sides.

6. Learned advocate Shri Rajesh Shah appearing for the petitioners vehemently urged that this is a case of brutal killing of arrestee-Ghanshyam by the police personnels of the concerned Police Station, and hence, a grievance was raised by lodging a written complaint by the petitioner no. 1 herein. Learned advocate for the