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2018 Supreme(SC) 128

J.CHELAMESWAR, S.ABDUL NAZEER
Sunita Devi – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioners:- Prashant Bhushan, Adv.
For the Respondents:- Ms. Sushma Suri, Sudhir Kulshreshtha, Sameer Kulshreshtha, Sanjay Kumar Tyagi, Adv.

ORDER

S.Abdul Nazeer, J.

This writ petition has been filed under Article 32 of the Constitution of India seeking Court-monitored investigation/constitution of SIT by this Court in respect of FIR Nos. 221 of 2001 and 228 of 2002 registered at Police Station Pilakhua, Uttar Pradesh.

2. The brief facts of the case are that Smt. Seema Garg, daughter-in-law of petitioner No.1, and her two children were murdered on 24.7.2001 and an FIR No.221 of 2001 to this effect was lodged in Police Station Pilakhua, U.P. under Sections 302/394 of the Indian Penal Code, 1860 (for short `the IPC') and the investigation started. On 17.8.2001 the police filed the charge sheet in Session Trial No.977 of 2001. Nitin Garg, husband of deceased-Seema Garg, was arrested by the police on account of suspicion. Nitin Garg moved a writ petition before the Allahabad High Court for transfer of investigation of the case to an independent investigating agency. On 16.7.2002, Nitin Garg was also murdered and the second FIR No.228 of 2002 was lodged. The Trial Court by its judgment dated 16.10.2004 in Session Trial No. 977 of 2001, acquitted the accused persons observing as under:

"On the examination of this case is also nec










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