M.B.SHARMA, J. - (1.) THE petitioner Shri Surendra Vyas is a practicing layer as well as Member of the Rajasthan Legislative Assembly elected from Malpura -District Tonk constituency and also resides in Jaipur city. He has filed present writ petition allegodly in public interest on the ground that one Sant Bahadur S/o Ram Bhadur was domestic servant with Shri Mal Mohan Agarwal, respondent No. 2 who has his house at D -179, Kapoor Bhawan, Kanti Chandra Road, Jaipur and said Agrawal has caused his death. The said Shri Agrawal made efforts all through to see that he is not apprehended for the death of Sant Bahadur and the investigation is not fair and proper. There is interference by the politicians at highest level including Shil Kali Charan Sarraf, M.L.A. from Johari Bazar Constituency as well as by Lalit Kishore Chaturvedi Health Minister.
(2.) BEFORE I proceed to deal with the merits of the writ petition, it will be proper to deal with the preliminary objection raised on behalf of the respondents in respect of locus standi of the present writ petition in public interest. If cognizable offence takes place any body can inform the police which is bound to investigate it in accordance with law and to take the investigation to the logical end. The relation of a man of the status of domestic servant have no means to agitate the case in a court of law or to prosecute it with the investigating agency. Therefore, any representative of public or any private individual can bring to the notice of the court and if the court is satisfied that the investigation of the case needs to be transferred for fair investigation, so that the confidence of the public remains In the investigating agency, the court has powers to order transfer of a case from the local police to the C.B.I. Therefore, notwithstanding the fact that the present writ petition has been filed by Shri Surendra Vyas, a Advocate and a Member of Legislative Assembly, who as said earlier is also resident of Jaipur city where death of Sant Bahadur took place, this Court can entertain the same. Before I proceed in the matter, I will like to observe that it is really surprising that only so called FIR No. 16/1990 under Section 174 IPC has been registered not as an FIR under Section 154 Cr.P.C., but only an entry in the general diary of the police station Bani Park, at No. 1369 at 6.30 a.m. A bare reading of Section 174 Cr.P.C. will show that the limited purpose of Inquest report is to know the apparent cause of death. As shall be presently shown there are very suspicious circumstances available on record and therefore, instead of continuing the investigation for the purpose as stated above under Section 174 Cr.P.C. a FIR must have been registered and thereafter the investigation must have been taken in hand in accordance with law, but still no FIR as required under Section 154 Cr.P.C. has yet been registered and as said earlier the investigation of the alleged sudden death under Section 174 Cr.P.C. is continuing. This can hardly be an object of Section 174 Cr.P.C. Be that as it may, I am of the opinion that it is a case where on the material available on record. A FIR should have been registered and investigation should have been started. This itself in my opinion is a ground to direct not only for registration of a case under Section 154 Cr.P.C. but also to order transfer of investigation from police station Bani Park, Jaipur to CBI for the further reasons to be recorded here -in -after.
(3.) SANT Bahadur a boy aged 21 years was a domestic servant with the respondent No. 2 Shri Man Mohan Agrawal. It is not dispute that in the morning of 21.12.1990 in the garage of House No. D -179, Kapoor Bhawan, Kanti Chandra Road, Jaipur of which Shri Man Mohan Kapoor was the occupant and Sant Bahadur was his domestic servant, Sant Bahadur was found hanging. Shri Man Mohan Agrawal went to the police station Bani Park, Jaipur and informed the persons available in the police station at 6,30 a.m. that at about 6.00 a.m. Sant Bahadur had committed suicide by hanging. As said earlier his report was entered in the general diary at No. 1369 and a proceeding under Section 174 Cr.P.C. were started and investigation is still continuing without registration of a case.;