1. In the present petition, the petitioner seeks a Mandamus directing the State to hand over the investigation to an independent agency like Central Bureau of Investigation (CBI) or to any other specially constituted investigation team in regard to the murder of the petitioner’s daughter, namely, Neha Kumari.

Briefly stated, the material facts are as under:

2. On 26.02.2018, an information was received at Police Station, Pacca Danga, Jammu that one Neha Kumari W/o Vivek Bhasin R/o H.No. 06, Ustad Mohalla, Jammu, had received a gun shot at her house and had thus got seriously injured. It appears that during treatment, the petitioner’s daughter succumbed to her injuries. Inquest proceedings under Section 174 Cr.P.C were initiated vide DDR No. 12 dated 26.02.2018 at Police Station, Pacca Danga, Jammu and enquiry initiated by Sub-Inspector, Deeraj Nagpal, SHO of the said Police Station.

3. As per the response filed by the State, during the course of enquiry, the Enquiry Officer, i.e., SHO, Police Station, Pacca Danga visited the spot, prepared a site plan and got the post-mortem of the deceased conducted from Government Medical College, Jammu. Thereafter, the body was handed over to the legal heirs for last rites. FSL team was also summoned on the spot, who lifted the blood stained samples, clothes, pistols along with magazine and 14 live cartridges and one empty cartridge from the scene of the crime and sent it to the FSL Jammu/Srinagar for expert opinion.

4. According to the reply affidavit, the suspect, Vivek Bhasin, husband of the deceased was subjected to a Lie Detector Test. Statements of one Arti Devi W/o Ashok Kumar R/o H. No. 387 Rehari Colony Jammu and Smt. Asha Devi W/o Rakesh Chander R/o Ustad Mohalla, Jammu were also recorded. It was stated that as per the Lie Detector test of aforementioned suspect/witnesses, no foul play was suspected on the part of the husband. A report was also sought from the Ballistic expert, FSL Jammu for expert opinion about the gun shot and the scene of crime. A Narco Analysis Test of the suspect Vivek Bhasin was also proposed for which an amount of Rs. 55,000/- was required. A request for sanctioning the amount for conducting the aforesaid test was made vide communication dated 25.03.2018 which was still awaited on the date of the filing of the reply affidavit which was filed on 06.08.2018.

5. The viscera report from the FSL, Jammu is stated to have been received on 05.04.2018 and the FSL report from Srinagar was received on 23.04.2018. The Ballistic Report was received from FSL Jammu vide communication dated 16.05.2018. The report from the Ballistic expert which has been reproduced in the reply affidavit reads as under:—

“i. 9 MM Calibre Semi-automated Glock Pistol marked RBI138/18 has been found in working condition and bearing sings of discharge prior to test firing.

ii. 9 MM X 19 MM Cartridge case marked RB141/18 has been fired from 9 MM calibre Semi-Automatic Glock Pistol Marked RB138/18.

iii. 9 MM X 19 MM Ammunition Bullet marked RB140/18 has been fired from 9MM calibre Semi Automatic Glock Pistol marked RB138/2 Cartridge case marked RB141/18 has been fired from 9MM calibre Semi Automatic Glock Pistol marked RB138/18.

iv. 0.00g cement plaster like material removed from Nose of 9 MM X 19 MM ammunition fired Bullet marked RB140/18 has been found similar to cement plaster like material marked RB144/18.

v. Cement Plaster like materials marked RB144/18 and RB145/18 have been found bearing sings of firearm discharge.”

6. Based upon the enquiry conducted by the officer concerned and the report of the Ballistic expert from FSL, Jammu as also the post-mortem report, it was established by the enquiry officer that deceased, Neha Kumari had died due to a gun shot from the service weapon of her husband, Vivek Bhasin and, therefore, inquest proceedings were converted into a case bearing FIR No. 85 of 2018 under Sections 498-A/304-B RPC read with Section 30 of the Arms Act and investigation initiated