KULDEEP SINGH Vs. STATE OF MAHARASHTRA AND OTHERS
LAWS(SC)-2016-7-91
SUPREME COURT OF INDIA
Decided on July 13,2016

KULDEEP SINGH Appellant
VERSUS
State of Maharashtra and Others Respondents

JUDGEMENT

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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