At the time of his death, Kamleshbhai was serving with M s Airstate International Courier and his usual working time was from 1.00 p.m. to 7.00 p.m. On 17th October, 2006, on receipt of information, the Appellant went to the above mentioned spot and found the dead body of his brother.
P.C., the learned Metropolitan Magistrate by his order dated 17th April, 2007, postponed the issuance of process and kept the companyplaint for Court inquiry, in accordance with Section 202 Cr.
On the basis of the said statements and the report of the post mortem examination, the investigation was closed by the Investigating Officer attached to Vatva Police Station.
On 21st December, 2006, upon receipt of the said reports, the Medical Officer was of the opinion that the cause of death of the deceased was on account of cardio respiratory arrest due to lungs pathology.
In other words, Kamleshbhais death was number found to be unnatural but as a result of natural causes.
P.C. for taking action against the accused.
Instead of directing an investigation to be companyducted by higher police officials under Section 156 3 Cr.
The Investigating Officer had also occasion to record the statements of the Appellant, his relatives and others.
Dissatisfied with the closure of the investigation, the Appellant filed a companyplaint before the Metropolitan Magistrate No.20 at Ahmedabad on 17th April, 2007, which was numbered as Enquiry Case No.17 of 2007.
On 17th October, 2006 itself, post mortem was companyducted by the Medical Officer of the Civil Hospital, Ahmedabad.
In the companyplaint, the Appellant alleged that offences had been companymitted under Sections 302, 114 read with Section 120 B Indian Penal Code and prayed for an order to be passed for an inquiry under Section 156 3 Cr.
ALTAMAS KABIR, J. Leave granted.
The Appellant is the elder brother of the deceased, Kamleshbhai, whose dead body was found near Govindbhai Ghat on Sarkhej Narol Highway on 17th October, 2006.
P.C. It is the said order of the High Court which has been questioned in the present appeal.
P.C. The Appellant herein filed a Criminal Writ Petition, being Special Criminal Application No.1458 of 2007 before the Gujarat High Court, which was dismissed in limine on 2nd July, 2008, by a learned Single Judge upon holding that numbercase had been made out for directing investigation under Section 156 3 Cr.
After the post mortem examination was companyducted, the opinion of the doctor as to the cause of death was kept pending till the reports from the FSL and HTP were made available.
