JUDGMENT : MRS. MRIDULA BHATKAR,J. :- Rule. 2. With the consent of the parties rule made returnable forthwith and the petition is heard finally at the stage of admission. 3. This petition is filed by the father of the deceased challenging the quality of the investigation and directing the concerned police station to substitute Section 302 in place of Section 304-A of the Indian Penal Code. The accused are the females. 4. The case of the petitioner father in brief is as follows : The Petitioner is residing in a building adjacent to the building of the accused persons. The son of the petitioner namely Mujaheed Shaikh the deceased was in love with the accused No.1 since three years prior to the date of the incident. The accused No.1 and the deceased decided to meet in the house of accused girl during the afternoon in the absence of her mother and sister who are also co-accused. The deceased and the accused girl went to the house of accused girl and they spent some time together. However, co-accused mother and the sister of accused No.1 girl, arrived there before estimated time. After hearing of knocking the door, the accused No.1 girl asked the deceased to go in the balcony of her room and she locked the door of the balcony from inside. She handed over the key of the door to the deceased. When her mother and sister entered the house after some time, they enquired why the door of the terrace is closed. At that time the accused girl told her that she has lost key. Therefore, her sister was trying to find out key which the deceased thrown from inside. The mother of accused girl also came to the door. At that time, the sister of accused No.1 could see deceased Mujaheed, who was frightened and he climbed to the drainage pipeline i.e. outside the balcony and was trying to get down. Though the sister and the accused girl went to the terrace to see the deceased, at that time they found that the deceased had fell down and was lying, but they did not report to the police as they were scared. Though the sister and the accused girl went to the terrace to see the deceased, at that time they found that the deceased had fell down and was lying, but they did not report to the police as they were scared. The watchman of the building noticed the deceased lying unconscious and then called the family members of the petitioner and deceased who was unconscious was shifted to the hospital and thereafter the Accidental Death Report was registered by police. However, the father of the deceased suspected that it is not accidental death, but there is foul play. Hence he persuaded the matter and finally police registered F.I.R. against accused girl, her mother and sister for offence punishable under Section 304(A) read with 34 of the Indian Penal Code. 5. Learned counsel Mr. Raghuvanshi, for the petitioner has submitted that the death of the deceased is suspicious. He submitted that the accused girl, her sister and the mother did not report about the offence immediately after the incident. He pointed out the notes of postmortem examination and also report of Chemical Analyser disclosing that in the urine of the deceased 629% benzodiazepine was found. Learned counsel further submitted that there was no reason for him to consume some sedative. Presence of sedative shows that the accused have administered some stupefying drug and he was assaulted by the accused alongwith some other persons. When he became unconscious, they dragged him in the adjoining lane. Learned counsel submitted that the story of the accused which is relied by the prosecution that it is accidental death is totally false and therefore, he prays that the investigation be transferred to S.I.T or C.B.I. and a writ of mandamus to be issued giving directions to the respondent investigating machinery to add Section 302 instead of 304(A) of IPC. 6. The learned APP while opposing this petition has argued that the police are neither negligent nor callous towards investigation of this case. In the beginning, they have registered the incident as an Accidental Death. The body was found near drainage pipe and the cause of death was due to head injury. She submitted that police have recorded statement of number of persons and they found that the deceased was not assaulted. She further submitted that the police have recorded statement of Doctor who is practicing in Meera Hospital, Kalyan (W), where initially the deceased was treated. She submitted that police have recorded statement of number of persons and they found that the deceased was not assaulted. She further submitted that the police have recorded statement of Doctor who is practicing in Meera Hospital, Kalyan (W), where initially the deceased was treated. She submitted that the police have recorded statement of Dr. Rajesh Vitthal Bendre from Metropolis Health-care Center and the police on finding that it was accidental death, registered offence under Section 340(A) of IPC. 7. We have gone through the petition, so also the papers of the charge-sheet including the statement of Dr. Rajesh Vitthal Bendre, so also notes of postmortem examination and report of the Chemical Analyzer. 8. Accused No.1 Farhanaz was having affair with the deceased Mujaheed. On 29.5.2012, the deceased went to the house of the accused and it appears that the other two accused ladies arrived when the deceased and accused No.1 were together secretly and therefore, the deceased locked himself in the gallery as the deceased wanted to run away from the spot with a view to hide from the sight of mother and the sister of accused No.1. The deceased died due to head injury and head injury prima facie appears to be due to fall from the drainage pipeline. The flat of the accused is on the fourth floor and it appears that the accused slipped from the drainage pipe, became unconscious due to fall down on the head and died when he was hospitalized. 9. The only Suspicious circumstance according to learned counsel for the petitioner is the presence of 629 mg/ml of benzodiazepine in the urine. The statement of Dr. Rajesh Bendre discloses that the benzodiazepine is sedative and it is not poison and the said drug is generally 200 mg/ml in the body of normal person. According to Doctor, if it is taken by consuming supplement, or by way supplement in the nature of pill, cigarette or injection or if it is taken for sound sleep or to keep mind stable, then the quantity of the drug may increase more than 200 mg/ml. Undoubtedly in the Urine of deceased Mujaheed, quantity of benzodiazepine was found nearly 427 mg/ml more than normal range. This being sedative, it can be consumed in the medicine. Undoubtedly in the Urine of deceased Mujaheed, quantity of benzodiazepine was found nearly 427 mg/ml more than normal range. This being sedative, it can be consumed in the medicine. However, no evidence is found to show that sedative was administered by the accused persons and threw the deceased out of gallery/ terrace or they assaulted the deceased after administering drug and brought him unconscious on the ground and made left him there. Considering the medicinal property of benzodiazepine and considering the nature of evidence, we are not inclined to entertain the prayers in this petition. Hence the petition is dismissed. Petition dismissed.