Hon'ble MEHTA, J.—By way of the instant writ petition, the petitioner Lal Mohammed has approached this Court seeking a direction for transferring further investigation of F.I.R. No.353/2015 registered at the Police Station Makrana, District Nagaur, for the offences under Sections 458, 323, 302 and 307 IPC and Section 3/25 of the Arms Act, to Central Bureau of Investigation.

2. Facts relevant and essential for disposal of the instant writ petition are noted herein below.

3. A gruesome incident of murder and attempted murder took place in the Borawad town of Nagaur District on 24.10.2015 wherein the family members of the petitioner herein were assaulted by some unknown assailants armed with firearms and other weapons. The petitioner’s younger son Lucky Khan aged 13 years was killed in the incident whereas his other son Parvat Khan, maternal grand daughter Inaya 2 years old and his daughter Reshma Bano received injuries.

4. The FIR of the incident was lodged by the petitioner’s son Parvej Khan with the S.H.O., P.S. Makrana on 24.10.2015 at the scene of occurrence. It was alleged in the FIR that Parvej Khan was sleeping in his room on the first floor of their house in the night intervening 23.10.2015 and 24.10.2015. In the early morning at about 2:30 – 3:00 AM, on hearing cries of “ekjs&ekjs”, he woke up and went to the adjoining room where his brothers and sister were sleeping. He saw that a person with his face covered, was assaulting them. His younger brother Parbat was lying below the cot. Parvej Khan managed to catch hold of the suspect and pushed him in the adjoining empty room and locked the door from outside. He saw 2-3 other persons running down the stair case. His brothers and sisters were lying in a pool of blood and a knife & 2 pistols etc. were lying around. He went down and informed his father Lal Mohammed, the petitioner herein, of the incident. Both of them informed the police, opened the door of the room in which one of the assailants had been locked but by that time, he managed to break through the cement grill fixed on the window and escaped. Parvej saw a broken mobile phone lying outside the broken window which he picked up and handed over to the S.H.O. A suspicion was cast in the FIR that the persons bearing enmity towards his family namely, Sikander Khan, Shahbaj Khan, Akbar Khan and Aslam Khan might have conspired to get the attack perpetrated. Suspicion was also cast against the sitting M.L.A. Shri Ramji Bhichar. It was further alleged in the FIR that threats had been given by Shri Ram Bhichar as well as Sikander Khan to his entire family of dire consequences. Two pistols, knife and gloves etc. were stated to be lying at the scene of occurrence. It is also mentioned that the injured had been taken to the hospital but their condition was serious.

5. On the basis of this report, FIR No.353/2015 was registered at P.S. Makrana for the offences under Sections 458, 323 and 307 IPC. Lucky Khan, son of the petitioner, passed away at Ajmer Hospital during treatment. His body was subjected to post mortem and offence under Section 302 IPC was added to the case.

6. The initial investigation was conducted by Mr.Tulsi Ram, S.H.O. who seized the blood stained articles lying at the scene of occurrence, pistols, empty cartridges, knives, gloves etc. The broken mobile phone was also seized. The I.O. appears to have apprehended one Vikesh Gaur as a suspect and he allegedly named Parvej Khan the first informant as the brain behind the whole incident and also confessed that Parvej Khan had engaged him as a hired killer for doing away with his own family members after procuring illegal firearms. Vikesh Gaur allegedly passed away while under treatment on 12.11.2015. Further investigation was transferred to Shri Aash Mohd. C.O., P.S. Merta City. The petitioner’s son Parvej Khan the first informant was arrested in this case on 13.11.2015. Call details of the numerous mobile numbers in use at and about the time of incident were collected

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