ORDER : 1. Rule. Ms. Thakkar, learned APP waives service of notice of rule on behalf of the respondent. The petitioner is before this Court seeking the handing over investigation either to the CID (Crime) or Central Bureau of Investigation on account of death of his son Vishal, who was working as Chemical Engineer in the factory at Vapi GIDC. 2. The petitioner herein-original complainant is having two sons Vishal and Rahul and having no daughter and wife of the petitioner is doing household work. An accidental case is being inquired into after the incident had taken place on 24.08.2015. It is the say of the petitioner, who is the father of the deceased, that his son after completing B.E. Chemical Engineering was working with Amoli Organic Private Limited having business in GIDC at Vapi. He was residing at Vapi in a rented house. Incident in question occurred on 25.08.2015 early morning and one Munnilal Shah, Manager of the Company informed the complainant at about 8.30 in the morning that his son Vishal has expired. By the time complainant and his other family members reached Vapi, post-mortem of Vishal was carried out and dead body was put in ambulance. As they wanted to lodge the complaint, Munnilal Shah called police, who informed them that everything is alright and the deadbody is required to be shifted to Malad, Mumbai where deceased was residing. As the body was to be preserved, complainant notices burn injury on the person of the deceased and posterior part of his head was bleeding heavily, therefore, they took the photographs of the dead body and called police. On 27.8.2015, postmortem of the deceased was performed by J.J. Hospital, Baikhala wherein 17 injuries were found on his person and it was found 56% of the whole body was burnt. Thereafter, complainant went to Vapi at the factory of his son, however, on every visit the complainant was shown different places of occurrence. Police in connivance with the owner of the company prepared false paper that son of the complainant died because of heart attack. With such allegations, complaint was given on 28.3.2016 at GIDC Vapi Police Station. It is the grievance of the petitioner who is the father of the deceased that investigation is not being carried out in the manner it needs to be. With such allegations, complaint was given on 28.3.2016 at GIDC Vapi Police Station. It is the grievance of the petitioner who is the father of the deceased that investigation is not being carried out in the manner it needs to be. It is also his grievance that after postmortem, post-mortem report and forensic report followed blindly without examining other papers. It is also his say that some of the records are not revealing true picture therefore there is need to change the agency. 3. When the petition firstly came up for hearing before this Court on 30.9.2016, this Court disposed of the same by observing as under:- "3. This Court has been addressed by the learned Additional Public Prosecutor. The investigation has been carried out by the Deputy Superintendent of Police, Kamrej. However, he is not present. The complaint is registered being I.C.R. No. 55 of 2016 with Vapi Police Station for the offences punishable under Sections 304A and 201 of the Indian Penal Code. Though the Deputy Superintendent of Police is not present, arrangement for the responsible officer to be present in the Court is made and according to the officer present, since the cause of death is shown as head injury with burnt injuries and this being unnatural death, it is being scrutinized as to how it has happened. The happening of incident at the time of production of the chemicals in the company where he was serving as Chemical Engineer coupled with other possibilities of death are being examined. He since was residing at Vapi in a rented house, that aspect also is under investigation. The CCTV footage outside the factory and other oral as well as documentary evidences are being collected. 4. In light of the details furnished by the prosecuting agency, the officer concerned is required to arrive at the final conclusion and this Court does not find any reason to interfere at this stage. Let the officer continue with the investigation unabated and uninterrupted which shall be completed at the earliest, but, not later than eight weeks. Intimation regarding the final report shall be given to the complainant and copy of the same shall also be provided to him on its completion. The Investigating Officer shall be entitled to proceed with the investigation further in accordance with law. Intimation regarding the final report shall be given to the complainant and copy of the same shall also be provided to him on its completion. The Investigating Officer shall be entitled to proceed with the investigation further in accordance with law. Once the petitioner receives the final report, he will be entitled to request for further proceedings if he so deems fit. 5. With the above, this petition is disposed of. This Court has not expressed any opinion on merits." 4. Thereafter, the petitioner approached this Court by filing Criminal Misc. Application No. 4213 of 2017 with a prayer to revive the main Special Criminal Application on the ground that no investigation was carried out by Investigating Officer of Vapi Police Station, as per the directions given by this Court vide order 30.9.2016. The aforesaid Criminal Misc. Application No. 4213 of 2017 came to be disposed of by this Court vide order dated 30.3.2017 by observing as under:- "5. This Court issued a notice to the State and learned Assistant Public Prosecutor ensured to get the details an affidavit-in-reply is furnished by the Investigating Officer wherein it is the say of the concerned officer with regard to the condition of the deceased that when taken to two different hospitals, the senior doctor was not available at Jivandeep Surgical Hospital and deceased was alive at that stage. He was taken for treatment to another hospital namely Haria L.G. Rotary Hospital. Both these hospitals have expressed their inability to provide CCTV footage of 25.08.2015, as the maximum backup of CCTV available is of 8 to 10 days. 5.1 With regard to the burns injury found on the body of the deceased and the version of the doctor he states thus: 7. As regards documentary evidence is concerned, annexed herewith and marked as Annexure-R8 is the list of the documents collected. Noteworthy, is the statement of Doctor Birendra Gerai dated 17.11.2016. As per his statement, the burns injuries are stated to be possible having occurred because of draining of fluid from the body, because of boils that might have occurred. As regards documentary evidence is concerned, annexed herewith and marked as Annexure-R8 is the list of the documents collected. Noteworthy, is the statement of Doctor Birendra Gerai dated 17.11.2016. As per his statement, the burns injuries are stated to be possible having occurred because of draining of fluid from the body, because of boils that might have occurred. Due to possible interaction with the Diclofenac powder (which was found present on the cloth as well as the body of the deceased) and the plastic that was used for taking the dead body after the postmortem was conducted at Vapi and which, in plastic wrap condition, was taken by the relative of the deceased. Also it has been stated that presence of acid is not found even in the report of FSL. Also it is stated that the extent of 56% are superfluous burns injuries on body of any person would not result into death just within two hours and specifically it has been opined that death of the deceased has not occurred because of the burns injuries. Probable heart attack and death is also reasoned by the said Doctor based on finding of the white liquid discharged from the nose and thickening of the blood within the heart of the deceased during postmortem at Vapi. 8. As regards copy of the final report to be given to the complainant, it is stated that because of the opinion of Doctor Birendra Gerai, after having gone through the documents regarding post-mortem and FSL report of Bombay, certain clarification is sought from the concerned at Bombay. Annexed herewith and marked as Annexure-R9 is the copy of such communication. The response is awaited. During such time this is being received, it is thought fit that the report will be incomplete and hence copy of the report being given to the complainant does not arise. To complete the facts it is stated that by communication dated 07.11.2016 the complainant have been informed the detail about the investigation. A copy of this was sent to the complainant by RPAD and acknowledgment slip is also annexed herewith and marked as Annexure-R10. This bears the signature of Shri R.J. Chawda complainant himself. 5.2 It is his say that all possible efforts have been made by the investigating agency to reach to the truth, in complete compliance of the court's direction. 6. This bears the signature of Shri R.J. Chawda complainant himself. 5.2 It is his say that all possible efforts have been made by the investigating agency to reach to the truth, in complete compliance of the court's direction. 6. It is also necessary at this stage to refer to the report dated 14.03.2017 wherein in the conclusion of this report, it is mentioned that the entire investigation has been completed within the stipulated time period, however, the opinion of doctor from J.J. Hospital Mumbai is awaited. 7. This court notices that the affidavit on behalf of the applicant-petitioner is produced on record showing the annoyance, displeasure and raising serious questions against the truthfulness of the contents of the investigation, the manner and method of the investigation also have been with all seriousness is under question. Many loopholes and anomalies have been pointed to state that investigation is not unbiased nor as otherwise required in such serious and graver situations. 8. This court has heard learned advocate Mr. Mehta for the applicant who has urged that various details which have been provided in this petition necessitate the revival of the main Special Criminal Application, where the request was made by the complainant to handover the investigation either to the CBI or CID crime. He has urged that it is quite unlikely that the postmortem carried out twice would have so much of difference of percentage of burn injuries. According to him wrapping of the body by the plastic also would not proliferate the burn injuries. He urged that this is one of these cases where the court needs to revive the earlier petition. 9. Learned Additional Public Prosecutor, Mr. K.L. Pandya has urged that the investigation has nearly been completed as directed by this court and all endeavors have been made to reach the truth. It is too early for the complainant to jump to any conclusion and they are awaiting the report of doctor of Sir JJ. Group of Hospital, Mumbai which carried out the post-mortem. 10. Having heard both the sides and also having noticed various facts of incident which is being investigated, this court notices that the time period given to the investigating agency while disposing of the matter on 30th September, 2016 was of 8(Eight) weeks. Group of Hospital, Mumbai which carried out the post-mortem. 10. Having heard both the sides and also having noticed various facts of incident which is being investigated, this court notices that the time period given to the investigating agency while disposing of the matter on 30th September, 2016 was of 8(Eight) weeks. It is also a matter of record that Investigating Officer had been directed to continue the investigation uninterruptedly and a final report was directed to be intimated to the complainant. All rights are given to him once the report is received to either ask for the further investigation on to take necessary recourse in accordance with law, which may also includes the petition seeking reinvestigation. 11. As those rights are already reserved and in wake of the report from the doctor of Sir J.J. Group of Hospital, Mumbai a final report is not yet submitted by the Investigating Officer, he his directed to get such a report within a period of one week from today. Copy of the final report as directed earlier shall be furnished to the complainant-present applicant who shall be at liberty to then take a legal recourse available to him. Let the final report be prepared and a copy of which also be furnished to the complainant to enable him to take necessary legal recourse. A copy of this order shall be also given to learned Additional Public Prosecutor for him to communicate to the Investigating Officer and his superior both for a prompt action at his end. In the future if the complainant choses to challenge the final report, it is being clarified that this court has not entered into the merit of the matter and also the request of a grant of prayer of transfer to either CID crime or CBI in wake of the circumstances that existed at the relevant stage would be permitted to be canvassed. Therefore, the disposal of that matter shall not come in the way of the petitioner to pursue the remedies available under the law. Misc. Civil Application stands disposed of." 5. Thereafter, the petitioner approached this Court by filing Criminal Misc. Application No. 14988 of 2017 for restoration of main Special Criminal Application, which was allowed by this Court vide order dated 6.11.2017. 6. Misc. Civil Application stands disposed of." 5. Thereafter, the petitioner approached this Court by filing Criminal Misc. Application No. 14988 of 2017 for restoration of main Special Criminal Application, which was allowed by this Court vide order dated 6.11.2017. 6. Learned advocate for the petitioner submits that the doctors of Vapi Civil Hospital did not find any injury on the person of deceased and the death according to them was caused due to cardio respiratory arrest, whereas panels of three doctors of J.J. Group of Hospital, Mumbai gave an autopsy report, wherein they found evidence of head injuries with burn injuries over the body of the deceased and opined that the final opinion shall be kept pending till chemical analysis, histopathology, neuropathology and other necessary examination report arrive. The final cause of death then has been given by the very panel of doctors on 20th June, 2016, stating the cause of death as follows: "head injuries with burn injuries over the body (Unnatural)". He submitted that the wounds, particularly referring to each area of the body, have also been forming part of the said post-mortem report which states that all injuries are ante-mortem in nature. Injury Nos. 1 to 17 in Column No. 17 are ante-mortem injuries, whereas as Part-II injury Nos. 1 and 2 are post-mortem injuries. He submitted that, in the meantime, Deputy Superintendent of Police, Vapi, filed "A" Summary report, which means that the case is classified as true but undetected and there is no clue to the investigating agency about the culprit. He submitted that considering the post-mortem report of J.J. Hospital and the injuries stated therein, it is clear that the deceased has died unnatural death. He also submitted that as per the pleadings and papers available before this Court, it is also clear even the investigating agency is trying to save the accused persons and accordingly a report is submitted by police. He also submitted that even as per the doctors of Vapi Civil Hospital they did not find any injury on the person of deceased and the death according to them was caused due to cardio respiratory arrest. Therefore, he submitted that this is a fit case wherein appropriate order transferring the investigation to some other agency may be passed. 7. He also submitted that even as per the doctors of Vapi Civil Hospital they did not find any injury on the person of deceased and the death according to them was caused due to cardio respiratory arrest. Therefore, he submitted that this is a fit case wherein appropriate order transferring the investigation to some other agency may be passed. 7. During the course of hearing, it is submitted by learned APP that all possible attempts have been made on the part of investigating agency and all endeavours made at their ends have not yielded any fruits and, therefore "A" Summary has been submitted before the Court concerned stating that attempts continue on the part of Investigating Officer to find out the real culprit. Investigating Officer present is represented by learned Additional Public Prosecutor, who has urged this Court that all endeavours have resulted into filing of report of "A" Summary before the Court concerned and this Court may not grant prayer for handing over investigation to CBI or CID. It is further urged that the competent Court has jurisdiction to decide and not to accept such summary. It also has powers to direct the investigation by a particular agency and all the reports, which have been placed before the Court will be dealt with by it and, therefore, at this stage, the Court may not grant the prayer made by the petitioner. 8. Heard learned advocates appearing for the parties and perused the papers made available before this Court. As per the allegations made in the complaint, it is clear that the son of complainant after completing B.E. Chemical Engineering was working with Amoli Organic Private Limited having business in GIDC at Vapi. He was residing at Vapi in a rented house. Incident in question occurred on 25.08.2015 early morning and one Munnilal Shah, Manager of the Company informed the complainant at about 8.30 in the morning that his son Vishal has expired. By the time complainant and his other family members reached Vapi, post-mortem of Vishal was carried out and dead body was put in ambulance. As they wanted to lodge the complaint, Munnilal Shah called police, who informed them that everything is alright and the deadbody is required to be shifted to Malad, Mumbai where deceased was residing. By the time complainant and his other family members reached Vapi, post-mortem of Vishal was carried out and dead body was put in ambulance. As they wanted to lodge the complaint, Munnilal Shah called police, who informed them that everything is alright and the deadbody is required to be shifted to Malad, Mumbai where deceased was residing. As the body was to be preserved, complainant noticed burn injury on the person of the deceased and posterior part of his head was bleeding heavily, therefore, they took the photographs of the dead body and called police. On 27.8.2015, post-mortem of the deceased was performed by J.J. Hospital, Baikhala, wherein 17 injuries were found on his person and it was found that 56% of the whole body was burnt. Thereafter, the complainant went to Vapi at the factory of his son, however, on every visit the complainant was shown different places of occurrence. Police in connivance with the owner of the company prepared false paper that son of the complainant died because of heart attack. 9. It is worth reiterating that the doctors of Vapi Civil Hospital did not find any injury on the person of deceased and the death according to them was caused due to cardio respiratory arrest, whereas panels of three doctors of J.J. Group of Hospital, Mumbai gave an autopsy report, wherein they found evidence of head injuries with burn injuries over the body of the deceased and opined that the final opinion shall be kept pending till chemical analysis, histopathology, neuropathology and other necessary examination report arrive. The final cause of death then has been given by the very panel of doctors on 20th June, 2016, stating the cause of death as follows: "head injuries with burn injuries over the body (Unnatural)." 10. It is necessary to make a mention, at this stage, that the wounds, particularly referring to each area of the body, have also been forming part of the said post-mortem report which states that all injuries are ante-mortem in nature. Injury Nos. 1 to 17 in Column No. 17 are ante-mortem injuries, whereas as Part-II injury Nos. 1 and 2 are post-mortem injuries. Ante-mortem injuries have been described as in Column No. 17, some of which are as follows: "(I) Ante-mortem Injuries. Superficial to deep burns, dark reddish brown in colour, inner periphery, peeling of skin with hue at places. No signing of hair. 1 and 2 are post-mortem injuries. Ante-mortem injuries have been described as in Column No. 17, some of which are as follows: "(I) Ante-mortem Injuries. Superficial to deep burns, dark reddish brown in colour, inner periphery, peeling of skin with hue at places. No signing of hair. No blisters no boils no papillae. Muscles underlying burnt area are not cooked, as follows: 1. Over right eyebrow, anterolaterally of size 3 cm x 2 cm. 2. Over right lower eyebrow of size 5 cm x 4 cm extending towards right maxilla. 3. Over right side of nose 4 cm x 2 cm just above right nostril opening anterolaterally. 4. Over 0.5 cm above injury No. 3 of size 1 cm x 1 cm. 5. Over right side of face, 2 cm lateral to right maxillary. Prominence of size 2.5 cms x 0.5 cms linear oblique in direction. 6. Above Chin 0.5 cm right lateral to midline extending right maxillary region and lateral oblique direction of size 6 cm + 3 cm with typical irregular lower margins. 7. Over right ear whole region externally of size 2 cm into 1.5 cm. 8. Over base of neck extending Above from sternal notch of size 5 cm into 3 cm. 9. Over trunk, Abdomen anteriorly of size of 52 cm length at right side, extending 5 cm below midclavicle up to right to anterior superior illiac spine, 6 cm right lateral to midline at the trunk graduate to 15 cm right lateral to midline at lower abdominal region. Some of the areas at abdominal region spared. The burn extends towards left side of the trunk, abdomen, anterolaterally of size 54 cm in length at left side, extending 4 cm below left midclavicle up to left antero-superior iliac spine extend towards left axilla and upper two thirds of left arm region posteromedially, 32 cm left lateral to midline at Sufi sternal region at left posterior auxiliary line graduate to 34 cm left lateral to the midline at lower abdominal region. Some areas of abdomen regions spared. Peeled skin loosely attached at places. 10. Burns over left side of trunk extends to left upper 2/3rd of left arm region, underneath the left axilla of size 12 cm. x 15 cm. Posterione dially. Peeling hue of loose skin at left axilla. Hair of axilla not singed. 11. Over posteromedial region of left arm, 14 cm. Peeled skin loosely attached at places. 10. Burns over left side of trunk extends to left upper 2/3rd of left arm region, underneath the left axilla of size 12 cm. x 15 cm. Posterione dially. Peeling hue of loose skin at left axilla. Hair of axilla not singed. 11. Over posteromedial region of left arm, 14 cm. below left axilla apex of size 6 cm. x 5 cm. peeling of skin. 12. Over lower 1/3rd of left arm extending to upper 1/3rd of left forearm posteromedially of size 14 cm. x 8 cm. Some areas in this burns spared peeling of skin. 13. Over lower 2/3rd region right arm extended upto right wrist region, posteromedially of size 32 cm. x 8 cm. Some areas in this burns spared. Peeling of skin noted. Faint reddish brown staining at places. 14. Over right hand finger tips and at palms at places. 15. Over back of size 48 cm. In length, 15 cm. In minimum breadth at lower back and 42 cm. In maximum breadth at upper back, extending from base of neck including shoulder area bilaterally and gradually narrowing at lower back. Faint reddish brown staining surrounding burn. 16. Over buttocks of size 45 cm. In breadth x 28 cm. in length at right buttock and 34 cm. In length at left buttock. Clear demarcation horizontal spared area at the level of waist. Faint reddish brown staining extending upto upper 2/3rd area of thighs bilaterally including irregular areas of burns at places varying in size from 4 cm. x 2 cm. The burn on left side of buttock extends posterolaterally upto lower 1/3rd region of left leg of size 82 cm. in length x 100 cm. In breadth, irregular areas of burns at places varying in size 2 cm. x 1 cm. To 3 x 2 cm. At left leg justd (sic) medial to left buttock both extension to leg. Faint reddish brown staining at right thigh upper 1/3rd area anteromedially and lower 1/3rd at right thigh extending upto right leg anteromedially, including burn of size 4 cm. x 2 cm. Anterolaterally 11 cm. Below right antero superior illiac spine and faint reddish brown staining at left lower burn anteromedially. 17. Irregular burns at food dorsally bilaterally of varying size 2 x 1 cm. To 2.5 cm. x 1.5 cm. x 2 cm. Anterolaterally 11 cm. Below right antero superior illiac spine and faint reddish brown staining at left lower burn anteromedially. 17. Irregular burns at food dorsally bilaterally of varying size 2 x 1 cm. To 2.5 cm. x 1.5 cm. peeling loose skin with reddish brown staining at places:- Percentage of Burns Head, Neck, Face 3% Upper Limb 8% Lower Limb 17% Front of chest with abdomen 15% Back 13% Genetialia 0% Total 56% Note: 1. No infiltration of blood underlying burns. 2. Incision taken over body to rule out injuries. 3. Hair not singed. 4. Irregular periphery of buts." (II) Post Mortem injuries:- (1) Post-mortem surgical incised sutured wound extending from 6 cm. Below sternal notch upto umbilical at length 31 cms with 26 thread stitches in situ. On opening the stitches, incision cavity deep. No infiltration of blood unduly in tissues sternum was cut open at coastal cartilage and in situ. (2) Post-mortem surgical incised wound on forehead anteriorly, horizontal in direction extending left frontal to right frontal region, 1.5 x.m. Above eyebrows of length 14 cms cavity deep with 11 thread stitches in situ. On opening sutures, no infiltration of blood. Underlying frontal bone some cut at the incised in situ. No infiltration of blood at cut edge of frontal bone." 11. It would not be out of the place to refer to the communication dated 3rd March, 2016, addressed by the Senior Inspector of Police, Dindoshi Police Station, Mumbai to the Deputy Superintendent of Police Vapi, State of Gujarat, which reads as under: "It is most respectfully submitted that one Mr. Vishal Rajendrabhai Chawda had died in the jurisdiction of JIDC Police Station, Vapi on 25.08.2015 and his death was registered vide A.D.R. No. 24/15 of J.I.D.C. Police Station, Vapi, Gujarat. On receiving the death body of Vishal Chawda his father Rajendrabhai Chawda suspected of foul play in the post-mortem conducted at Vapi Post-mortem center & therefore, the second post-mortem was conducted at Sir J.J. Hospital, Byculla, Mumbai on 27/08/15 on the statement of Rajendrabhai Chawda and the report of Dindoshi Police Station. Dindoshi Police Station has received a letter from the forensic department, Grant Medical College, Mumbai which is attached herewith for you kind perusal. Dindoshi Police Station has received a letter from the forensic department, Grant Medical College, Mumbai which is attached herewith for you kind perusal. You are kindly requested to forward the attached letter to the J.I.D.C. Police Station and to call for a report on the points mentioned in the said letter & further requested to forward a said complete report to Dindoshi Police Station for the purpose of submitting the same to Grant Medical College of Mumbai." 12. Before the three panel doctors perform the post-mortem of the body of deceased Vishal, Medical Officers, Vapi, had performed the postmortem who found reddish burn injuries on the left side of the body. These injuries were ante-mortem in nature. However, according to him death was a result of cardio respiratory arrest. It would be worthwhile to note at this stage, the correspondence dated 24th May, 2017 addressed to the Deputy Superintendent of Police, Vapi Division, Vapi by the Associate Professor Department of Forensic Medicine, Grant Medical College, Mumbai, wherein it has clearly stated that there were head injuries and burn injuries on the body of the deceased and on the person of the deceased; and he has also answered each question raised by the Superintendent of Police, Vapi Division, Vapi. 13. Relevant it would be to refer to such correspondence in toto: "Sir, With reference to abovementioned subject we are giving opinion of your questions serially as follows: 1. The death of deceased Vishal Chavda had occurred because of head injuries or burn injuries. Please give your clear opinion regarding the same. Answer: In re-postmortem examination head injury and burn injuries were found. Head injury as well as burn injuries over body can cause death individually. In this case in our opinion the person had died because of combined effect of head injury and burn injuries over the body. 2. If the death of the deceased Vishal Chavda has occurred because of head injuries then had it occurred due to external or internal injuries? Your clear opinion is sought for the same. Answer: it is due to internal injury. 3. 2. If the death of the deceased Vishal Chavda has occurred because of head injuries then had it occurred due to external or internal injuries? Your clear opinion is sought for the same. Answer: it is due to internal injury. 3. In this case the Medical Officer Shri C.H.C. Chala, Vapi at time of carrying out postmortem of the dead body of deceased Vishal Chavda had opened his head skull with use of hammer and knife (instruments used for carrying out post mortem) and the inner parts of the head were dissected with surgical blades due to which the vessels inside were cut and blood present in the vessels oozed out and spread and as mentioned in col. 19 of your P.M. Note of the re-post mortem the injuries shown have cause haemorrhage can be seen or not? Answer: The appearance of head injury shows that it is ante-mortem and there is no relationship between pretrauma by instruments used for carrying out post-mortem. 4. In the Mumbai FSL report in the histopathology brain report of the deceased there are no signs of haemorrhage seen is mentioned. Also in the Mumbai FSL analysis carried out by experts there are no traces or signs of haemorrhage seen. Then the death of the deceased occurred due to which head injury and his head injury can occur with what type of instruments to be clarified and clear opinion be given. Answer: Please refer to column No. 19 of repost mortem report and photographs and videography C.D. of re-postmortem. This head injury can be caused by impact of hard and blunt object. 5. If the death of Vishal Chavda occurred due to burn injuries then due to 56% superficial burn injuries can cause death in a short span of two hours or not? Clear opinion be given in relation to the same. Answer: As already mentioned above in answer of serial No. 1, the death is caused by two major factors jointly and hence it is possible for the person to die within a short span of two hours in such circumstances. 6. As per Mumbai FSL analysis report on the clothes and skin of the burns injuries of the deceased presence of Diclofenac was found then is it that the deceased Vishal Chavda received 56% burns due to this Diclofenac powder? And his death occurred due to these burns only or not? 6. As per Mumbai FSL analysis report on the clothes and skin of the burns injuries of the deceased presence of Diclofenac was found then is it that the deceased Vishal Chavda received 56% burns due to this Diclofenac powder? And his death occurred due to these burns only or not? Clear opinion be given in relation to the same. Answer: Re-postmortem examination and subsequent histopathology examination of skin, suggestive of antemortem burns injuries. In this case Mumbai FSL analysis report on the clothes and skin of the burn injuries of the deceased presence of Diclofenac was found. Diclofenac is combustible. It burns at sufficiently high temperature. Thus the possibility of burns injuries on the deceased due to Diclofenac cannot be rule out. In our opinion the person had died because of combined effect of head injury and burn injuries over body. (Refer to answer of serial No. 1 above). 7. In normal circumstances the said deceased Vishal Chavda was on duty in the Diclofenac powder processing department. After death at the time of primary P.M. On the chest and both the legs on upper surface of the skin reddish and brown colored blisters as if due to burns were seen. And after approximately 4 to 5 hours the primary P.M. of the deceased was done at that time the process of skin swelling started and after the P.M. of the deceased the dead body was wrapped, packed in plastic and taken to Malad, Mumbai which was a journey of 4 to 5 hours. Then the said deceased Vishal Chavda came into contact with Diclofenac powder and as mentioned in the Mumbai FSL analysis report from the clothes and skin on burned injuries of the deceased the presence of Diclofenac was found and as the dead body of the deceased Vishal Chavda was wrapped packed in plastic for 4 to 5 hours, due to reactions and heat is it possible that signs of burns like can appear on the body? Clear opinion be given in relation to the same. Answer: Re-postmortem examination and subsequent histopathology examination of skin suggestive of ante-mortem burns injuries. So the question of burns appearing/happening after death body wrapped in plastic with presence of Diclofenac is not possible. 8. On the body of the said deceased Vishal Chavda 56% irregular signs like burns are there. Clear opinion be given in relation to the same. Answer: Re-postmortem examination and subsequent histopathology examination of skin suggestive of ante-mortem burns injuries. So the question of burns appearing/happening after death body wrapped in plastic with presence of Diclofenac is not possible. 8. On the body of the said deceased Vishal Chavda 56% irregular signs like burns are there. They are due to presence of Diclofenac found on the body of the deceased and dead body packed in plastic, is it due to heat because of plastic, is it due to heat because of plastic packing? Answer: The burns are not due to heat because of plastic packing. (Refer answer to serial No. 7 above). 9. The deceased Vishal Chavda on the day of incident was working in the night shift in the company in Diclofenac department then is it possible that due to excess inhaling of Diclofenac heart attack can occur? Clear opinion be given in relation to the same. Answer: Gross finding of heart on re-postmortem examination and subsequent histopathology examination of heart signs of myocardial infarction/heart attack were not found. 14. Considering aforesaid injuries and considering the fact that the doctors of Vapi Civil Hospital did not find any injury on the person of deceased and the death according to them was caused due to cardio respiratory arrest, whereas panels of three doctors of J.J. Group of Hospital, Mumbai gave an autopsy report, wherein they found evidence of head injuries with burn injuries over the body of the deceased and the final cause of death then has been given by the very panel of doctors on 20th June, 2016, stating the cause of death as follows: "head injuries with burn injuries over the body (Unnatural)". Deputy Superintendent of Police, Vapi, filed "A" Summary report, which means that the case is classified as true but undetected and there is no clue to the investigating agency about the culprit, it appears there is lack of sincerity and honesty in carrying out the investigation by the higher rank officer of the status of Dy. S.P. It appears that from the records that there is complete failure of investigation in finding out the culprit. No sincere efforts have been made by the investigating officer to investigate the complaint and no effort is made to investigate and arrest the culprit. S.P. It appears that from the records that there is complete failure of investigation in finding out the culprit. No sincere efforts have been made by the investigating officer to investigate the complaint and no effort is made to investigate and arrest the culprit. Really, it is a sad state of affairs of the investigating officer of the status of Dy. S.R. Considering all these circumstances and the papers available before this Court, it is clear investigation is not properly carried out in the present matter. Therefore, this Court is of the view that this is a fit case wherein the investigation is required to be transferred to CID (Crime). Accordingly, the petition is allowed and the investigation of the case is ordered to be transferred to CID (Crime). The same is ordered to be handed over to an officer not below the rank of Dy. S.R. Rule is made absolute accordingly.