JUDGMENT : Chander Bhusan Barowalia, J. The petitioner has approached this Court for issuance of writ/directions to the respondents to handover the investigation of the case to the Central Bureau of Investigation or in the alternative to any other investigating agency, directing the investigating agency to find the location of the mobile phone bearing EMI No. 911393851875330 and 911416554397820, to carryout the investigation in presence of the petitioner, produce the record of the investigation before this Court and not to submit the final report under Section 173 The Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) during the pendency of the writ petition 2. As per the petitioner, on 27.04.2014, at about 2:17 p.m. one Shri Sanjay Kumar, Auto Driver, informed Police Station Mcleodganj, Dharamshala, H.P., that one body in suspending condition was found hanging with a rope tied with the tree in Barha Kotha forest, around Kala Pul, Near Centre School, Dharamshala, Kangra, H.P., and the same information was reduced into writing by the police official. Further pleaded that the place from where the body was recovered is situated near a passage used by the inhabitants of the place. 3. Petitioner has further averred that on the basis of the Information, SI/SHO, Police Station Mcleodganj, Kangra, H.P., alongwith other police officials visited the spot. Photographs were also taken by the police at the spot and after searching nearby place one diary was found from which phone number of the father of the deceased was traced. Father of the deceased visited the spot and recognized the dead body as his son, late Shri Hansraj, aged about 22 years. Father of the petitioner stated that deceased was working in Hotel at Manali and few days ago deceased informed that he is coming back to his native place, but when the deceased did not reach his home, family members of the deceased tried to contact him telephonically, but the mobile phone was switched off. It is further averred that on 27.04.2015, factum of death of the deceased was brought to the knowledge of the petitioner by the police officials. The deceased arrived from his place of work, i.e., Manali, on 13.04.2015 and from 13.04.2015 onwards no contact could be made by the family members with the deceased. On 28.04.2015 post mortem of the deceased was carried out at Department of Forensic Medicine, Dr. The deceased arrived from his place of work, i.e., Manali, on 13.04.2015 and from 13.04.2015 onwards no contact could be made by the family members with the deceased. On 28.04.2015 post mortem of the deceased was carried out at Department of Forensic Medicine, Dr. RPGMC, Kangra at Tanda, H.P. The report highlights that Rigor Mortis was absent and there was evidence of bloating of face, abdomen and genitals, probable time between the injury and death was 15 minutes and between death and post mortem was about 3 to 5 days. 4. As per the petitioner, there are some suspected persons as the deceased was having friendship with respondent No. 6 (Reena Devi) and it was not liked by the family members of respondent No. 6. Respondents No.4 to 11are all suspected to have murdered the son of the petitioner, but the police is not investigating the matter in right perspective. As the petitioner is not satisfied with the police investigation, the present petition is maintained. The petitioner further alleged that it was a case of honour killing. 5. Respondents No. 1 to 3 have filed reply to the petition through respondents No. 3 and in the preliminary submission it is averred that on 27.04.2015 one Shri Om Parkash telephonically informed that some person is hanging near Central School at Barah Kotha jungle. Upon receiving this information, the police immediately visited the scene of crime, where during search of surroundings, one diary belonging to deceased was found. Cell numbers in the diary were contacted and information about hanging of deceased was given to his father, Shri Karam Chand, and neighbourer, Shri Lal Singh. On the same day, scene of crime was got inspected by a team of experts from RFSL and post mortem of the body was firstly got conducted at Zonal Hospital, Dharamshala and thereafter on referral, from Forensic Medicine Expert at RPGMC, Tanda on 28.04.2015. Apart from this, the persons named by the petitioner and relatives were interrogated from time to time, call details, medical and forensic evidence was also examined but no clue of anybody’s involvement in his death was found. Evidence, oral as well as documentary, was collected during inquiry under Section 174 Cr.P.C. which established that it was a case of ante mortem hanging having no other person’s involvement. 6. Evidence, oral as well as documentary, was collected during inquiry under Section 174 Cr.P.C. which established that it was a case of ante mortem hanging having no other person’s involvement. 6. On merits, respondents No. 1 to 3 have averred that the information with regard to inquiry and investigation was being provided to the petitioner and the petitioner as well as her husband were associated by the police in the proceedings. The Statement of the petitioner was also recorded during these proceedings and copy of the relevant documents were also supplied to her. Respondents No. 1, 2 and 3 have inquired into the death of the deceased promptly, fairly and diligently by conducting logical investigation into the case from all aspects. Inquiry into the cause of death of the petitioner was conducted in presence of the petitioner and her relatives and police also recorded her statement during inquiry. It was found that the families of the deceased and respondent No. 6, Reena Devi, are related to one another and are having disputed relations. After the death of deceased Hans Raj, a blame game has started between the two families to such an extent that nowadays they have started to link even small domestic disputes with the death of Hans Raj. The allegations mentioned in the writ petition were not found to be true accordingly, the petitioner and the other party were advised to maintain peace otherwise proceedings under Sections 107 and 150 Cr.P.C. would be taken against them. It is submitted that immediately upon receipt of information about hanging of deceased, spot was got inspected by a team of Forensic experts from RFSL, Dharamshala and extensive search of surroundings of scene of crime was conducted for collecting evidence and ascertaining the involvement of unknown persons, if any. Dead body was got examined from Forensic Doctor at RPGMC, Tanda, but since there were no external or internal injuries on the person of deceased, there was nothing to point out that the death was caused due to involvement of some other persons and the post mortem was consistent with a case of ante mortem hanging. 7. It is averred that an application was presented by Shri Karam Chand (father of the deceased) and on receipt of the application, the photocopies of information sought, i.e., C.D.Rs, complaint etc. 7. It is averred that an application was presented by Shri Karam Chand (father of the deceased) and on receipt of the application, the photocopies of information sought, i.e., C.D.Rs, complaint etc. were supplied to Shri Karam Chand and he was verbally informed that the Public Information Officer of Police Station is Additional Superintendent of Police, H.Q., Kangra at Dharamshala and in case he desires to get the information under R.T.I., he may seek the same from the office of superintendent of Police, Kangra at Dharamshala. 8. The persons named by the petitioner were interrogated by the SHO, but no clue, regarding the involvement of those persons, was found during the inquiry. The persons, namely, Sudesh Kumar, Tilak Raj alias Deepu, Sanjeev and Reena Devi were interrogated, but they had to be let off since no clue of their involvement was found. Taro Devi (respondent No. 9), Durga Singh (respondent No. 11) and Rachna Devi wife of Lal Singh were interrogated, but they had denied any statement made before the petitioner at the time of inquiry made by the Investigating Officer, however, there is no person named Swana Devi wife of Lal Singh (respondent No. 10). It is stated by the respondents that there was some friendship between the deceased and respondent No. 6, but there is no evidence to establish that their friendship was not acceptable to her family. There was no evidence to show that there was dispute between the family of the deceased and Reena Devi (respondent No. 6). There was no motive, preparation or intention on the part of Reena Devi or her family members to commit the crime. As per respondents No. 1, 2 and 3, the circumstances of the death of the deceased were investigated from all angles, but no one was found involved in his death. It has been submitted that respondents No. 1, 2 and 3 have conducted fair investigation, so it is not proper to label the incident as a case of murder on the basis of unverified, false and hearsay information. 9. It is further averred by respondents No. 1, 2 and 3 that the place where the dead body of the deceased was hanging was not visible from the road, which fact also finds mention in the scene of occurrence report. 9. It is further averred by respondents No. 1, 2 and 3 that the place where the dead body of the deceased was hanging was not visible from the road, which fact also finds mention in the scene of occurrence report. It is a secluded place in the midst of jungle and was not frequented by people as such there was no possibility of the dead body being witnessed by the inhabitants or the passersby. The witnessing of dead body by the auto driver was coincidental as he saw the dead body while he was climbing through the jungle for bringing some auto part for repairing his auto which had gone out of order. The investigation in the case was conducted in proceedings under Section 174 Cr.P.C. and since the investigation did not disclose commission of offence and the case appeared to be of ante mortem hanging, no FIR was registered. As far named persons Smt. Taro Devi (respondent No. 9) and Smt. Swana Devi (respondent No. 10, no such person resides in village Sher Chamiyara. Police had recorded the statement of Smt. Rachna Devi wife of Shri Lal Singh and Durga Singh (respondent No. 11) named by the petitioner, were associated by police during inquiry, however, they denied having any knowledge about the death of the deceased. IMEI Nos. provided by the petitioner were put on surveillance, but nothing has been detected. 10. Respondents No. 4 and 6 to 9 have also filed reply to the writ petition and they have averred that they are being falsely implicated by the petitioner. Respondent No. 11 has also filed reply and he has denied the averments made in the writ petition and has stated that son of the petitioner has committed suicide and died due to ligature compression of neck consistent with ante mortem hanging, but despite this, the petitioner without any justifiable reason has falsely implicated the replying respondent, which action on behalf of the petitioner is not tenable in the eyes of the law. Respondent No. 11 has further averred that the petitioner has concocted a false story and the names of the persons mentioned by the petitioner are on the basis of assumption and presumption, although, there is no lady, namely Swana Devi wife of Lal Singh, in the vicinity. Respondent No. 11 has further averred that the petitioner has concocted a false story and the names of the persons mentioned by the petitioner are on the basis of assumption and presumption, although, there is no lady, namely Swana Devi wife of Lal Singh, in the vicinity. In order to make out a false case against the replying respondent, the petitioner has mentioned the aforesaid name. Furthermore, petitioner avers that Swana Devi stated that preparation for murder of Hansraj was done about 2 to 2½ before the commission of offence by the suspected persons, but these contents do not make it clear that whether 2 to 2½ are the hours or the months or the years. Further the petitioner has mentioned that Durga Singh (replying respondent) stated that Hansraj was murdered in the room thereafter dead body was hanged with the tree just to portray it as a matter of suicide. Replying respondent is close relative of the petitioner and he is also having good relations with the respondents and the petitioner taking advantage of close relation, contacted the replying respondent and he forced the replying respondent to give false statement in favour of the petitioner, but the replying respondent did not have any knowledge about the death of the deceased, hence he refused to accept the suggestion of the petitioner to give false statement and on this, the petitioner in order to unnecessarily harass the replying respondent has wrongly made the replying respondent as one of the respondents in the present writ petition without there being any justifiable cause. Replying respondent further submitted that when the dead body was found and identified by the husband of the petitioner, he stated before the police that he has no doubt on any one regarding the death of the deceased Shri Hansraj. 11. We have heard the learned counsel for the petitioner, learned Additional Advocate General for the respondents No. 1 to 3 and learned counsel for respondents No. 4 and 6 to 9 and also gone through the record. 12. The learned counsel for the petitioner has argued that if the police conducts the investigation in a proper manner, it will find the culprits and those will be punished for murder of the son of the petitioner and, therefore, this writ petition be allowed. On the other hand, he has referred to various pleadings in detail made in the writ petition. On the other hand, he has referred to various pleadings in detail made in the writ petition. Learned Additional Advocate General argued that the police has investigated the case thoroughly and it was found to be a case of suicide by hanging, despite detailed investigation of all the suspected persons, no one was found responsible for the death of the son of the petitioner and the writ petition be dismissed. 13. The learned counsel appearing on behalf of the private respondents has argued that the writ petition is devoid of merits and is required to be dismissed. 14. To appreciate the arguments and the material facts, we have gone through the record in detail. The reports of the Regional Forensic Science Laboratory Dharamshala, Himachal Pradesh (Annexures R-3 and R-4) read as under:- “Two sealed parcels wee received for examination in Biology and Serology Division on 18.05.15. The seals on the parcels were intact and tallied with specimen seals sent with the docket. The parcels were signed, cut and opened. The description of the exhibits in the parcels was as under: Parcel-I:-Sealed with six seals of ZH Dharamshala. It contained exhibit-I. Exhibit-I:-One green colour synthetic rope piece having sliding knots forming a noose towards one end. The noose was found cut and tied with white threads. Brownish stains and creamish colour eggs of flies were found stuck near the sliding knots. The other end was found cut with irregular margins. The free end of the rope near the sliding knot was found broken and pressed with abraded margins. The exhibit measured about 160 cm was mentioned as rope piece used for hanging. Parcel-II:-Sealed with four seals of ‘S’. It contained exhibit-2. Exhibit-2:-One green colour synthetic rope piece having three fixed knots at irregular intervals towards one end. The rope was found burnt from one end while the other end was found broken pressed with abraded margins. The exhibit measured about 242 cm was mentioned as rope piece lifted from Bara Kodha forest area near the spot.” RESULT The exhibit was subjected to biological and serological analysis in the laboratory. Benzidine test was performed to detect the presence of blood. The species of origin was determined by using gel-diffusion technique. Microscopical and morphological examinations were carried out to detect the presence of tissue/skin. The rope pieces found in parcel-1 & 2 were examined and compared physically, morphological and microscopically. Benzidine test was performed to detect the presence of blood. The species of origin was determined by using gel-diffusion technique. Microscopical and morphological examinations were carried out to detect the presence of tissue/skin. The rope pieces found in parcel-1 & 2 were examined and compared physically, morphological and microscopically. The rope pieces were subjected to physical tests to ascertain their weight bearing capacity. On the basis of aforesaid examinations results were as under:- 1. Human blood was detected in exhibit-1 (rope piece). 2. Human skin/tissue was detected in exhibit-1 (rope piece). 3. Blood was not detected in exhibit-2 (rope piece). 4. The broken and pressed ends of rope pieces found in exhibit-1 (rope piece) and exhibit-2 (rope piece) matched with each other and were parts of single rope. 5. A weight of about 70.0 kg was successfully hanged through rope pieces.” “Received two sealed parcels; one parcel bears three seals and another parcel bear five seals of English letter ‘T’. The seals were intact and tallied with the sample seal impressions sent alongwith the docket. The following documents were found on opening the parcels. QUESTIONED DOCUMENTS; One note book (Ajanta) in which questioned writings were blue enclosed and marked as Q-1 and Q-2. In the laboratory, the said question items were enclosed with red pencil and stamped and marked as Q-1 and Q-2. ADMITTED DOCUMENTS: One note book (NAVNEET) in which admitted WRITINGS OF DECEASED Hans Raj were red enclosed and marked as A-1 and A-5. In the laboratory, all the admitted items were enclosed with blue pencil and stamped and marked as A-1 to A-5. RESULT The original documents of this case have been carefully and thoroughly examined with Scientific aids viz. Forensic XP 4010D, Docubox, Stereomicroscope, Reprovit unit, Polylight, different magnifiers, Geometrical measurements. The general and individual writing characteristics mentioned in the principles of writing identification and detection of forgery taken into consideration to reach the conclusion. 2. The blue enclosed writings stamped and marked as A-1 to A-5 and the red enclosed writings similarly stamped and marked as Q-1 and Q-2, all have been written by one and the same person.” 15. As far as the examination of the spot is concerned, the same was examined by the Scientific Officer and he observed, in his report, as under: “The Investigating Officer showed the spot where the body of the deceased was lying in hanging condition. As far as the examination of the spot is concerned, the same was examined by the Scientific Officer and he observed, in his report, as under: “The Investigating Officer showed the spot where the body of the deceased was lying in hanging condition. The spot was visited and examined by forensic team on 27.04.2015 and following observations were made: Dead body of a male in hanging conditions with a slanting trunk of pine tree was found in the forest of Barha Kotha. The feet/shoes of the deceased were seen touching the ground. The face of the deceased was in downward direction. The spot was not visible from the road side. The deceased was wearing light brown colour, full sleeved sweater, blue colour full sleeved chequered shirt, grey pants with black belt in the loops and blue and white colour sports shows. The clothes were seen intact and no soil/mud stains were observed on the clothes of the deceased. Some dead flies and small fragments of pine needles were seen on the frond and back upper extremities of the sweater. No tear, graze marks and blood stains were observed on the clothes of the deceased. The body was measured about 5 feet and 8 inches. The eyes were seen closed and mouth was in opened condition and having maggots. Peeling of skin over face was seen. Blood stained mucus was present in the nostrils. The creamish colour maggots along with flies and eggs were present over the body. The skin over face, forearms and legs was found turned blackish. The arms were seen straight and hands were slightly clenched. One greenish woven rope with knot having running noose was present over neck. Bark brown colour ligature mark was present over neck above the level of thyroid cartilage going upward and backward towards left angle of mandible. The knot impression was present over left mastoid area. No other injury mark was seen on the body of the deceased. The height of the slanting trunk of the tree from the ground was measured about 325 cm and the height of the rope from the tree trunk (where the rope was tied) to the neck was measured about 155 cm. One rock was seen in upward direction in slanting position where the body of the deceased was lying in hanged. The height of the slanting trunk of the tree from the ground was measured about 325 cm and the height of the rope from the tree trunk (where the rope was tied) to the neck was measured about 155 cm. One rock was seen in upward direction in slanting position where the body of the deceased was lying in hanged. The height of the rock was measured about 120 cm from the ground where the feet of the deceased were touching. There were twigs of the congress grass plants (Ageratum conyzoides) lying over the rock and some branches of the twigs/plants were seen broken and graze marks were observed on the rock. One round wooden stick/danda measured about 3 feet and one green, grey and brown colour pithu bag was found at a distance of about 250 feet down wards from the body of the deceased. The bag was having one pink and white color towel, one saving kit, razor, empty plastic bottle of mango juice, handkerchief, leather wallet and a brown colour Ajanta diary. One piece of green colour woven rope having three fixed knots at irregular intervals was found at a distance of about 40 feet from the stick/danda and bag. The rope was measured about 242 cm. The rope was found burnt from one end while the other end was found broken with pressed and abraded margins. Some stone pieces having sharp edges were found on the spot near the rope piece. One stone was found displaced/tilted from its actual position and sharp edge of the stone was towards upside. Some broken fibers of the rope were seen stuck to the stone indicated that rope was cut on this stone. Wooden slippers were found near the stumps of cut pine trees near the spot. Benzidine test was performed to detect the presence of blood in the surrounding areas, but no blood could be detected. No other external injury was seen over the body. No other incriminating evidence could be detected in and around the spot. The spot was photographed.” 16. The above mentioned reports suggest that the cause of death of the deceased was ante mortem hanging without any internal or external injury on rest of the body of the deceased, except the injuries on the neck, which suggested that the deceased died due to ligature compression of neck consistent with ante mortem hanging. 17. The spot was photographed.” 16. The above mentioned reports suggest that the cause of death of the deceased was ante mortem hanging without any internal or external injury on rest of the body of the deceased, except the injuries on the neck, which suggested that the deceased died due to ligature compression of neck consistent with ante mortem hanging. 17. The Medical Officer, who conducted the post mortem on the body of the deceased, has observed as under, in his report:- “1. Ligature mark: Ligature mark as a Pressure imprint patterned abrasion of 29x1cm, deep, parchmentized, brownish, completely encircling the neck is present over neck above the level of thyroid cartilage going upward and backward toward left angle of mandible; and knot impression is present over left mastoid area. On dissection of neck, the underlying soft tissue, strap muscles and Laryngo-hyoid complex are intact; and there is no evidence of any blood mliltration. Besides afore-mentioned injury, there is no evidence of any other injury over body, neck, external orifices or external (not legible) parts. Post mortem No. : 88/2015 II-CRANIUM AND SPINAL CORD N.b-The spinal canal needs not to be examined unless any indication of injury exists. Scalp, skull and vertebrae On reflecting scalp, skull bones are intact. Vertebrae are intact. Membranes & Brain Grossly liquefied to grey fluid. Spinal Cord Not opened. III-Thorax 1. Walls, ribs and cartilages. The ribs and cartilages are intact. 2. Pleurae. Discoloured. 3. Larynx and trachea. Lumen empty, Laryngo-hyoid complex along with adjacent soft tissue are intact. 4. Right Lung Grossly disclolured and reduced to black mass lying posteriorly. 5. Left lung. Grossly discoloured and reduced to black mass lying posteriorly. 6. Pericardium & heart valves Rt. Coronary Left Coronary Large Vessels Pericardial sac contains 20cc of clear fluid. Heard is grossly discoloured and distended with gases. Blood is absent, Coronaries, valves and large vessels are normal IV-ABDOMEN 1. Walls. Intact. 2. Peritoneum Discoloured. 3. Mouth, Pharynx and Oesophagus Lips, gums, tongue, teeth and oral mucosa are intact. 4. Stomach and its contents Stomach empty and distended with gases. Mucosa is discoloured and soft. There is no Pungent odour. 5. Small intestine and contents Distended with gases. 6. Large intestine and contents Distended with gases and faecal matter. 7. Liver. Soft and discoloured. 8. Spleen. Soft and discoloured. 9. Kidneys. Soft and discoloured. 10. Urinary bladder. Bladder empty. 11. Stomach and its contents Stomach empty and distended with gases. Mucosa is discoloured and soft. There is no Pungent odour. 5. Small intestine and contents Distended with gases. 6. Large intestine and contents Distended with gases and faecal matter. 7. Liver. Soft and discoloured. 8. Spleen. Soft and discoloured. 9. Kidneys. Soft and discoloured. 10. Urinary bladder. Bladder empty. 11. Extended and internal organs of Generation. External genital parts are intact and bloated. V-MUSCLE, BONES, JOINTS Injury Disease or deformity Fracture Dislocation Nil Nil Nil Nil VI-OPINION OF THE MEDICAL OFFICER The deceased died due to ligature compression of neck consistent with ante-mortem hanging” 18. As per the Doctor, the time lapsed between the injury and death was 15 minutes. The above medical evidence makes it clear that the deceased had died due to injury received while hanging and no other internal or external injuries were observed by the Doctors and the Scientific Experts on the body of the deceased. No other fact was observed by the experts, which suggests that the deceased died due to external force used by any other person. 19. Similarly, police has also conducted the interrogation of the suspected persons, but, nothing incriminating has been found against anyone, suggesting the involvement of any other person into the death of the deceased. 20. The facebook record, placed on record, shows that the deceased has conveyed to respondent No. 6 (Reena Devi) as under: “nahi goodbye happy life, mein vapas aunga ya nahi pata nahi, ghar se bahar hoon so mere life to the end ho gai hai end me mami papa ko kush dekhana chhata hu may God help you so sweet bye.” It also suggests that the deceased was having some sort of feeling about unhappiness of life. 21. As far as the investigation is concerned, the Investigating Agency has examined the forensic reports, medical reports and interrogated the persons named by the petitioner and also investigated the matter from all other angles, but no clue about the involvement of anyone was found. It will be unsafe to frame the persons on the charges of murdering the deceased without cogent evidence. Therefore, the petition is devoid of merits and deserves to be dismissed. It will be unsafe to frame the persons on the charges of murdering the deceased without cogent evidence. Therefore, the petition is devoid of merits and deserves to be dismissed. However, while concluding, it is observed that if at any point of time in future any clue comes to the notice of the Investigating Agency, which suggests that there is anyone involved in the death of the son of the petitioner, the prosecution will start the investigation afresh. 22. In view of the above, the writ petition is devoid of merits, hence, deserves dismissal and is accordingly dismissed without any orders as to costs.