KULDEEP SINGH Vs. STATE OF MAHARASHTRA AND OTHERS
SUPREME COURT OF INDIA
State of Maharashtra and Others
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V.GOPALA GOWDA,J.ADARSH KUMAR GOEL,J. -
(1.) Leave granted. This appeal arises from order dated 16 th March, 2016 in Writ Petition No. 675 of 2016 passed by the High Court of
Judicature at Bombay, declining to entertain the writ petition of the
appellant seeking direction for registration of F.I.R. on the basis of his
statement dated 9th February, 2016 for appointing Special
Investigation Team ('SIT') for fair investigation and also for direction to
conduct judicial enquiry under Section 176 (1 -A) of the Cr.P.C. of the
cause of death of appellant's brother in an alleged encounter as also
seeking certain other directions.
(2.) Case of the appellant is that his deceased brother - Sandeep Ghadoli was killed by the police party in an alleged encounter. With
regard to the incident in question, F.I.R. dated 7 th February, 2016
being CR.No.92 of 2016 was registered with the MIDC Police Station,
Mumbai against the dead person under Sections 353, 307 and 332,
IPC alleging that to prevent his arrest, the deceased took out pistol
and fired at the police party. It was stated that the deceased was
wanted in criminal cases and was avoiding his arrest. In defence, the
police party fired which resulted in the death of appellant's brother.
(3.) After making enquiries, the appellant lodged complaint dated 9 th February, 2016 alleging conspiracy of murder by five members of the
police party and one other person, said to be a politician, who was in
jail and also sought magisterial enquiry. The appellant also met the
investigating officer but since his grievance was not redressed, he filed
a writ petition being W.P. No.675 of 2016.;
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