JUDGMENT
Surendra Nath Bhargava, J.
1. Heard Shri J. K. Singhi, learned for the petitioner who has been appointed under the Legal Aid Scheme. The petitioner Manoharlal submitted a detailed representation running into seven pages along with several documents which were treated as writ petition; affixation of court fees etc. was dispensed with and a show cause notice was issued to the Director General of Police as to why the investigation should not be got done by the Central Bureau of Investigation. The State of Rajasthan has filed the reply to the show cause notice along with certain documents including the final report submitted by the police on 31-8-83.
2. The petitioner’s daughter Smt. Madhu Bala died on 2-10-82. On 1st October. 1982, Vijay Lal informed the petitioner telegraphically that Smt. Madhu Bala’s condition was serious and when the petitioner reached Ajmer, he was told by accused Durgalal and Suraj that Smt. Madhu Bala has been burnt and she been admitted in the Hospital. Thereafter, he went to the Hospital and saw Smt. Madhu Bala who indicated to the petitioner that she has been burnt. The Medical Jurist made a report at the Police Station. In the Post Mortem Report, it has been mentioned that smell of kerosene was coming from the head of Smt. Madhu Bala which shows that she was burnt after pouring kerosene on her.
3. I have perused the record and also heard learned Counsel for the parties. The petitioner has complained in his petition that the investigation done by the police was not proper and fair and prompt. I do not think it proper to make any comment regarding the investigation done by the police in this case. A final report was submitted to the Magistrate on 31-3-83 but it was not accepted by the Magistrate and the Magistrate made certain querries from the police and the querries were also replied by the police and according to the reply of the State, the case is still pending before the Magistrate for accepting the final report or for taking cognizance. These days the incidents of dowry deaths are panicky. In order to induce confidence in the public and in the interest of justice, I think it proper to allow the petition and direct the Central Bureau of Investigation to investigate the matter afresh. The petitioner as well as the State Police should help the CBI in making a prompt, fair and impartial investigation de novo. The non petitioners are directed to take proper steps for getting the investigation done by the CBI and the CBI should investigate into the matter and submit its report-within two months to this Court.
4. Let a copy of this order be sent to the Superintendent of Police, CBI, Jaipur.
