M.B.SHARMA, J. - (1.) THE petitioner is real younger brother of one Smt. Manisha, who was married to Rajiv Joshi who has his house in Pologround Udaipur. The marriage of Manisha with Rajiv Joshi took place on February 15. 1985 and was preceded by a betrothal ceremony which look place on February 22, 1984. Out of the wedlock, there are two children, one male and the other female. Deceased Smt. Manisha was living with Rajiv Joshi who had lost his father sometime before the incident with which we arc presently concerned. In the midnight intervening October 8 and 9, 1991 Shri Manisha died at a remit of extensive burn injuries inside the home of her husband Rajiv Joshi. After receiving the burn injuries she was rushed to the hospital and if said to have made two dying declarations, orally, one made to Dr. (Mrs.) Savita and the other to a Magistrate. The dying declaration said to have been made to Magistrate could not be completed because of her serious condition. A report of the incident was lodged by none -else but by Rajiv Joshi, husband of deceased Manisha in the Police Station Amba Mata Udaipur in which he stated that Manisha had committed suicide by sprinkling kerosene and setting fire on her person.
(2.) IT is the case of the petitioner that deceased Manisha was done to death by her husband and others including her mother -in -law and and false report was lodged at the Police Station, Amba Mata, Udaipur. There is no dispute and it appears from the post -mortem report that Smt. Manisha died as a result of extensive burns and her body wan 99% burnt. The casc is pending investigation and the investigation has not been completed became this Court after filing of this writ petition by the brother of (he deceased bad ordered on December 16, 1991 (hat till further orders no report under Section 169 or 173 Cr.P.C. be presented before the Magistrate having jurisdiction in the matter.
(3.) THE petitioner seeks transfer of the CBSC from CID(CB) of the State of Rajasthan to CBI on the ground that the investigation is not likely to be fair because of the reasons mentioned in para 26 of the writ petition. In the said para the petitioner bus come out with a case that one Gopesh Bhatt a retired senior IAS officer (Super Time Scale) is a maternal uncle of Rajiv Joshi and Manoj Bhatt, son of Shri Gopesh Bhatt is a IPS officer in the Rajasthan cadre and is presently posted as S.P. Kota. Ii has further been mentioned that on Rajendra Joshi, a cousin brother of Rajiv Joshi it a Dy. Superintendent of Police posted at Jaipur and one Shri Manoj Sharma, the brother -in -law (gainer) is a RAS officer. They are all influential persons and are having closed relations with other senior IPS and IAS officers in Rajasthan.;