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2013 Supreme(SC) 159

AFTAB ALAM, RANJANA PRAKASH DESAI
Rohtash Kumar – Appellant
Versus
State of Haryana Through The Home Secretary, Government of Haryana, Civil Secretariat – Respondent


JUDGMENT :-

Mrs. Ranjana Prakash Desai, J.

1. Leave granted.

2. In this appeal, by special leave, judgment and order dated 13/9/2010 of the Punjab and Haryana High Court dismissing Criminal Misc. No.M-2063 of 2009 filed under Section 482 of the Criminal Procedure Code (“the Code”) is challenged. In the petition before the High Court, the prayer was for issuing directions to respondents 1 to 4 for registration of FIR under Sections 302 and 201 of the Indian Penal Code (“the IPC”) against respondents 5 to 9, who were policemen attached to Police Station Bawal, District Rewari (Haryana), at the relevant time, for committing the murder of Sunil, son of the appellant in a fake encounter in the night intervening 12/10/2008 and 13/10/2008 at Rewari Road, Narnaul and for further direction to the Central Bureau of Investigation (“CBI”) to investigate the said FIR.

3. Brief facts of the case need to be stated:

According to the appellant, in the night intervening 12/10/2008 and 13/10/2008, his son - Sunil was killed in a fake encounter by the officials of Police Station Bawal, District Rewari. It is alleged that on 13/10/2008, the SHO of Police Station City Narnaul came to the appellant and asked



















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