ORDER :

The instant petition has been filed for the grant of following substantive reliefs:

“i. To direct the respondents to refer the matter for investigation to the Central Bureau of Investigation keeping in view of the facts and circumstances of the case.

ii. To pass an order for the time bound investigation of the case and to monitor the investigation of the case and to monitor the investigation of the same case.

iii. To direct the investigating agency to register an FIR in the case mentioned above on the basis of the Rapat No. 15 dated 9.6.2020 Annexure P1”.

2. The petitioner is widow of deceased Praveen Sharma. On 9.6.2020 Parveen Sharma, aged about 32 years, was found unconscious on a steep hill at a place known as “Kundu Nallah,” near Pairvi Pul, Sanaura, Tehsil Rajgarh, District Sirmour, H.P., within the jurisdiction of Police Post, Yashwant Nagar under Police Station, Rajgarh, District Sirmour, H.P. He was removed to Regional Hospital, Solan but was declared brought dead. Later it was revealed from post mortem examination that the deceased had suffered antimortem ribs fracture involving 4th, 8th ribs besides ten numbers external injuries. The cause of death was opined as “irreversible hemorrhage shock secondary to blunt trauma sustained to thorax region”.

3. Petitioner approached this Court after about three months from the incident for the reliefs as noticed above. Grievance of the petitioner is that the police despite having noticed circumstances pointing towards commission of cognizable offence, failed to discharge its statutory duty under Sections 154 and 157 of the Code of Criminal Procedure (for short “Code”).

4. As per petitioner, her husband was found in unconscious state at a secluded place far away from his house, which by no stretch of imagination could be said to be a normal circumstance. Even though deceased Praveen Sharma was declared brought dead, the police for the reasons best known to it did not consider it appropriate to register a case under Section 154 of the Code. Petitioner further alleged having made complaints in writing to the SHO as well as to the Superintendent of Police, Sirmour at Nahan, but without any result.

5. Respondents came forward with the plea that a DDR Nos 11 and 15 were recorded at Police Post Yashwant Nagar on 9.6.2020. As per respondents, a detailed inquiry was conducted. Post mortem of deceased was got conducted firstly at Regional Hospital Solan, on 10.6.2020 and subsequently at IGMC, Shimla, on 12.6.2020. The samples preserved during the post mortem were sent for chemical analysis and report was received on 5.8.2020. It is maintained that the doctors after post mortem had opined the case of death to be the result of “irreversible hemorrhage shock secondary to blunt trauma sustained to thorax region”. The said report was finally confirmed by the doctors even after receipt of report of chemical analysis from State Forensic Science Laboratory (SFSL). It is further stated that the police had thoroughly investigated the matter and had even sought the opinion of forensic expert by getting the spot inspected from them. The forensic experts also are stated to have opined “the topography of spot, injuries on the body were consistent with a case of fall from steep hill of Nalla”. Thus, the police maintained the hypothesis that deceased had a fall from the hill, which caused his death.

6. We have heard learned counsel for the parties and have also perused the records.

7. The petition was filed on 11.9.2020. Initially petitioner had impleaded State through its Chief Secretary, Principal Secretary Home and Superintendent of Police, Nahan as respondents. As first response, a status report dated 25.9.2020 was fled in this court under the signatures of Station House Officer, Rajgarh (SHO). Later a reply dated 12.10.2020 under the signatures of Superintendent of Police (SP), Nahan was filed and lastly newly added respondent ASI, Amar Dutt Sharma (ASI) also filed his personal affidavit dated 1.10.