JUDGMENT

Hon'ble Lok Pal Singh, J.

By means of present criminal writ petition, the petitioner seeks following reliefs:

(i) A writ, order or direction in the nature of mandamus commanding the respondent no. 1 to transfer and hand over the investigation of case crime no. 23 of 2017 under Section 302 of IPC at P.S. Rajpur, District Dehradun to an independent agency i.e. Central Bureau of Investigation to conduct fair and expeditious investigation.

(ii) To call for the progress report of the investigation in case crime no. 23 of 2017,under Section 302 of IPC, at P.S. Rajpur, District Dehradun.

(iii) Any other order or direction which the Hon'ble Court may deem fit and proper under the facts and circumstances of the case.

2. Factual matrix of the case is that Aanchal (daughter of the petitioner Anil Kohli) fell in love with the sixth respondent Rahul Pandhi and got married with him on 18th March 2008. Aanchal Pandhi was found dead under mysterious circumstances in the intervening night of 13th /14th February 2017 at her matrimonial home. Sixth respondent Rahul Pandhi went to the police station and informed that his wife has committed suicide. The police did not lodge any FIR immediately, but rushed to the site and prepared the inquest report. The panches, including the father of the deceased (Anil Kohli), were present at the time of preparation of inquest report. The Investigating Officer has mentioned in his report that this case appears to be a case of suicide by hanging.

3. The autopsy on the dead body of Aanchal was conducted by a team of Medical Officers namely,Dr. Kush Aeron and Dr. Vijay Bhaunthiyal on14.02.2017, at about 02:30 P.M. The cause of death as mentioned in the autopsy report was asphyxia due to ante mortem hanging. The Medical Officers found following ante mortem injuries on the dead body at the time of conducting autopsy:

i) Rigor mortis established.

ii) Eyes closed and cloudy.

iii) Ligature mark around the neck. Face pale.

iv) Saliva drooling noted (dried) running down from left angle of mouth.

v) Neck elongated. Eye closed.

vi) Ligature mark below the chin and above the thyoid going backwards interrupted oblique towards right side.

vii) Base of the groove is brownish and is hard. Subcutaneous tissues underneath ligature mark ‘D'.

viii) The size of ligature 0.25 cm, 4 cm below left ear.

KNOT – 3.5 cm (left side) 5 cm below right ear. 2.5 cm ligature, 5 cm below chin.

4. On the unnatural death of Ms. Aanchal, unfortunate father of the girl, i.e., petitioner Anil Kohli, lodged the FIR with the allegations that it was not a case of suicide, rather the husband of deceased (sixth respondent) has committed murder of his daughter with the help of his family members, who have been arrayed as respondent nos. 7, 8 and 9 namely, Kiran Pandhi, Indrani Pandhi and Rachna Pandhi (mother-in-law and sisters-in-law of the deceased respectively).

5. Initially the FIR was lodged against the accused-respondents under Section 302 of IPC. After completion of investigation, the Investigating Officer submitted charge sheet under Section 306 of IPC in respect of accused-sixth respondent Rahul Pandhi onlyand the rest of the accused (respondent nos. 7, 8 & 9herein) have been exonerated. It is alleged by the petitioner that after marriage, Rahul Pandhi (husband of the deceased) fell in love with a girl (name withheld) due to which the relations between the husband and wife turned sour and it was the reason that the sixth respondent committed murder of his daughter.

6. It is contended that the sixth respondent is an influential person and had high contacts with the bureaucrats and ministers of the State, therefore, the Investigating Officer has not conducted the investigation in fair and proper manner and failed to collect credible evidence against the sixth respondent.

7. Photographs of the place of occurrence have been annexed with the writ petition. It depicts from the photographs that two sleeping mattresses are lying on the floor and the dead body of Aanc