JUDGMENT

Ravindra Maithani, J. - Petitioner seeks transfer of investigation in the case arising out from FIR No. 261 of 2021, under Section 302 IPC, Police Station Haldwani, District Nainital from Police to Central Bureau of Investigation (for short, "CBI" ).

2. Facts necessary to appreciate the controversy, briefly stated, are as hereunder:-

The petitioner, on 03.03.2021, lodged a report under Sections 323, 504, 345 IPC and Section 9 read with 10 of the Protection of Children from Sexual Offences Act, 2012 (for short, "POCSO Act" ) against her husband Pravesh Kumar, which was lodged on 03.03.2021 at 11:55 PM at reporting Police Chowki Kundeshwari, Thana Kashipur. Pursuant to this FIR, on 04.03.2021, Pravesh Kumar was arrested and lodged at Police Station. An entry was made to this effect in GD Report No. 30, at reporting Police Chowki Kundeshwari, Thana Kashipur. The report reveals that Pravesh Kumar was hale and hearty and he had no injuries. Pravesh Kumar was remanded to judicial custody on 05.03.2021 by the court of Additional District Judge/FTC/Special Judge, POCSO, Udham Singh Nagar. The remand sheet does not note any injury on his person. On 05.03.2021 at 04:29 PM, Pravesh Kumar was lodged at Sub-Jail Haldwani. Entry was made in Jail register at SL. No. 24. When he entered into Sub- Jail, Haldwani, he was also examined for COVID-19 and the report was "Negative" . On the same day, in the hospital of Sub-Jail, Haldwani, Pravesh Kumar was examined, but no injury was noted in his person. It was noted that he was "chronic alcoholic" . On 06.03.2021, in the hospital of Sub-Jail, Haldwani, in its OPD register at SL No. 164 an entry was made that Pravesh Kumar suddenly fell down on the ground and he was referred to Base Hospital, Haldwani. In the Base Hospital, Haldwani, Pravesh Kumar was taken, where in OPD Register at SL No. 29, it was recorded that he was brought dead. His post mortem was conducted. There were ten injuries on his person, which are as hereunder:-

"1 Bluish red contusion present over the back of left (LT) lower limb extending from the back of mid thigh to upper 1/3 RD of left leg measuring 40 cm X 30 cm; lower end 30 cm above the healsand upper end 20 cm from the gluteal cleft.

2. Reddish blue pattern contusion horizontally placed present over the left upper 1/3 RD of left leg, 6 cm below the popletial fossa and 25 cm from the heals, measuring 12 cm X 9 cm and showing one of the parallel contusion measuring 0.4 cm in width of each of the linear haemorrhages measuring with a gap of 1.8 cm.

3. On dissection of injury no. 1, 2 200 ml of thick clotted blood is coming out and all muscles of back of thigh and upper end of muscles of leg are diffusely contused with blood clots throughout.

4. Bluish red contusion present over the back of right thigh extending from mid-thigh to lower thigh measuring 11cm x 15 cm. On dissection of underlying muscle are diffusely contused.

5. A reddish abrasion present over left gluteal area measuring 4cm x 1cm.

6. A bluish contusion is present over the mid 1/3 RD of back of trunk, present over midline 21 cm above the gluteal cleft, measuring 5cm x 1 cm. On dissection underlying muscle is contused.

7. A bluish contusion present over the front of right of lower abdomen, measuring 2.5 cm x 2 cm, 10 cm from midline and 87 cm from heal. On dissection subcutaneous tissue is contused.

8. A bluish contusion is present over the sole of right feet measuring 1.5 cm x 2 cm, 2 cm below the greater toe.

9. A bluish contusion is present over the sole of right feet measuring 1.2 cm x 1 cm, 3 cm below the middle toe. On dissection of injury no. 8, 9 blood is extravassated over the underlying muscle.

10. A reddish brown scab abrasion present over the front of upper one third of left leg measuring 3.8 cm x 2.3 m."

3. The petitioner was informed about the death of her husband. She noticed injuries on the person of her husband. The injuries were not explained to her. According to the petitioner, on 13.03.2021, a Rahul