JUDGMENT 1. - This is an application by Atlbal Singh, who alleged that his son Udai Singh. a young boy of 18 years, was matreilessty murdered by S. H.O. Shri Umesh alongwith his brother-in-Law Suresh Saxena and other accused, and 'n a fake incident was sought to be created by putting the dead body near By railway line. When he came to know that the dead body of his son was near the railway line. he reached in the morning and found that there was confuse bleeding and certain other symptoms of putting grease liquid etc. into nose on account of which he was convinced that it was not a case of accident. He made a complaint to the police but that was not entertained. Then he went to the Railway Police where the case was registered on 28.10. 5. Since according to him S H O. Umesh himself was involved and some other persons who were connected with the S. P Office. ' lwar were also involved, therefore, effort was made to destroy the evidence and not to allow a fair investigation. 2. Investigations were done by Shri Prakash Chand and then by Shri Islurlidhar Dy S. P. Railway, Jaipur, but they did not take requisite interest on account of collusion with the accused The Crime-Assistant of the Railway S. . . Mr. G. S. Vyas tried to collect real evidence but on account of pressure of the accused the police officials he requested for handing it over to the CID. Shri Sunderlal Inspector and Shri Hari Ram Meena were then handed over the investigation, one after the other, but they did not make any real investigation under the influt nee of police officials tried to suppress the truth and therefore the entire heinous murder of a young boy remains uninvestigated in the real sense The petitioner has nariated several facts and circumstances in the application to show as to how great injustice has been don: by not collecting real evidence but superficial investigation has been shown to suppress the truth and to oblige the accusal He has. therefore, prayed that in view of the involvement of police officials and failure of investigating ageneies to bring the accused to book justice cannot be done unless the CBI is asked to investigate the crime. He has produced various documents in support of his application. 3.
therefore, prayed that in view of the involvement of police officials and failure of investigating ageneies to bring the accused to book justice cannot be done unless the CBI is asked to investigate the crime. He has produced various documents in support of his application. 3. Notice was issued to the Govt. Advocate and Mr. K. S. Rathore had accepted the notice, and time was allowed again and again for obtaining the case diary, which has now been received. 4. We have carefully considered the important glaring features of this case and we do feel that the grievance of the petitioner is not without substance. Contrary to it we find sufficient force in his request We would not like to make any observations at this stage, as they may create some prejudice one way or the other. 5. The investigating agencies have been changed one after the other atleast half a dozen times. but the crime could not be detected although the father of the deceased submits that tool-proof evidence is available to prove the involvement of the accused, mentioned above, in the crime, and it is a case of murder and not of accident. 6. We feel that in the interest of justice the prayer of the deceased father should be accepted. The State Government is, therefore, directed to make a request to the C.B.I. for making investigation in this case. Since we have directed investigation in the crime, the F.R. filed by the police would not be acted upon and the Judicial Magistrate (Railway) 1st class, Jaipur is directed not to pass any order in relation to FIR No. 44/85 of G R.P. Alwar, till the investigation of the C.B I. is conducted afresh and a report is received. The proceedings in his court for consideration of the F.R. and protest application would remain stayed. 7. The petition filed by Atibal Singh is accepted. The Govt. Advocate is directed to ensure that proper steps are taken by the State Govt, to make a formal request to the C.B.I. as per requirement of law and practice. A copy of this order be given to Mr. Pareek, Addl. G.A. and copies be also sent to the Home Commissioner and the Director General of Police for compliance within 15 days of the receipt of the copy of this order.Petition accepted. *******