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Judgment
The petitioners have sought the following reliefs:-
"i) That the Hon'ble court be please to issue a writ of mandamus to direct the Respondents to conduct the investigation of the case by C.B.I. and bring the culprit to justice.
ii) That the Hon'ble court be please to call entire record related with the case.
iii) Any other relief which this Hon'ble Court may deems fit and proper under the facts and circumstances of the case may also be passed in favour of the petitioner together with cost of petition."
The said relief arises out of the fact that this Court in its order dated 29.06.2005 in W.P. No.4654/2003 directed the Director General of Police to oversee the investigation so that the grievances of the petitioners would stand mitigated. The investigations were conducted by Shri Braj Bhushan Sharma, Deputy Inspector General of Police (Investigations). The report is attached as Annexure P-5. As per the said report, it was not found to be a case of culpable homicide. Learned counsel for the petitioners admits that the magisterial inquiry was also conducted and the report of the magisterial inquiry is dated 25.07.2003 (Annexure R-1). The finding recorded is that deceased was suffering from depression and the suicide has been committed by him because of depression.
The petitioners dispute the evidence recorded by the Investigating Officer to assert that it was a case of culpable homicide and that matter should be referred to the Central Bureau of Investigation. Still further, it is admitted by the petitioners that a magisterial inquiry was conducted. The magisterial inquiry has concluded that the deceased committed suicide as he was suffering from depression.
The petitioners claim registration of a First Information Report. The question as to whether this Court in a writ petition would direct registration of an F.I.R. more so when the magisterial inquiry has been conducted as also the investigation in terms of the orders of this Court is concluded against the petitioners by two Division Bench judgments of this Court reported in 2017 (1) MPJR 247 (Shweta Bhadauria vs. State of M.P. and others) and 2018(1) MPLJ 716 (Dharmendra Sonkar vs. State of M.P. and others).
In view of the aforesaid judgments, we do not find any further investigation is required to be carried out under the orders of the Court. The petitioners, if aggrieved, have the remedy as contemplated under the Code of Criminal Procedure.
The writ petition is dismissed.
The oral request for leave to Appeal is declined.