MS. LOVINA PANKAJ BHATIA Vs. CENTRAL BUREAU OF INVESTIGATION SPECIAL CRIME BRANCH AND STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard by consent of parties.

(2.) The facts in brief giving rise to the present application are as under:

(3.) On 6 th February 2008 one Shri Kunal Singh Jamwal had committed suicide by hanging on fan in his house. Since no criminal case was registered by the Oshiwara Police Station after the deceased had committed suicide, the father of the deceased, namely, Rajinder Singh Jamval filed a Criminal Writ Petition No.1576/2008 before this Court. It appears that during the pendency of the said petition, an F.I.R.No.36/2009 came to be registered by the Oshiwara Police Station under section 302 of Indian Penal Code (I.P.C.). The investigation was also transferred to Mrs.Kalpana Ghadekar of Versova Police Station. Applicant was arrested in connection with the said F.I.R. on 23 rd November 2009 and was remanded initially to the police custody and subsequently to the Magisterial Custody. Applicant was, subsequently, granted bail on 22 nd February 2010 on certain conditions. This Court, vide its order dated 17 th December 2009 transferred the investigation to the respondent No. 1 Central Bureau of Investigation (C.B.I.) After the completion of investigation, a charge sheet for the offence punishable under section 306 of I.P.C. came to be filed before the learned Sessions Court. The applicant filed an application for discharge before learned Sessions Court. The same came to be rejected. Hence the present revision application.