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2017 Supreme(SC) 1046

A.K.SIKRI, ASHOK BHUSHAN
Dinubhai Boghabhai Solanki – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellants : E.C. Agrawala, Santosh Krishnan, Rudereshwar Singh, Gautam Singh, Ms. Isha Singh, Ms. Snehil Sonam, Aditya Vikram Singh, Kaushik Poddar, Nikhil Nayyar, Advs.
For the Respondents: Ms. Kamini Jaiswal, Mukesh Kumar Maroria, Ms. Hemantika Wahi, Ms. Puja Singh, Advs.

JUDGMENT

A.K. Sikri, J.

Leave granted in SLP(Criminal) No. 4965 of 2017, SLP(Criminal) No. 5086 of 2017, SLP(Criminal) No. 5309 of 2017 and SLP(Criminal) No. 5321 of 2017.

2. One, Amit Jethwa, stated to be an activist, who was complaining against the illegal mining in and around Gir Forest Sanctuary, was murdered. FIR being I-C.R. No. 163 of 2010 was registered on July 20, 2010 at Sola Police Station under Sections 302 and 114 of Indian Penal Code, 1860 (IPC) read with Section 25(1) of Arms Act, 1959. In this FIR, amongst others, Dinubhai Boghabhai Solanki (for short 'Mr. Solanki') and his nephew were also implicated. As per the father of Amit Jethwa (who was the complainant), State's Police showed slackness in investigating the said case. He approached the High Court for transfer of investigation and vide order dated September 25, 2012, his petition was allowed and investigation was transferred to CBI. On transfer, CBI registered RC.11(S)/2012 SCU.V/SC.II/CBI and undertook the investigation. The aforesaid order dated September 25, 2012 passed by the High Court was challenged by Mr. Solanki as well as State of Gujarat by filing special leave petitions in this Court. In the petition fi





























































































































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