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2016 Supreme(SC) 1144

V.GOPALA GOWDA, ADARSH KUMAR GOEL
Kuldeep Singh – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sanjay Parikh, Mr. Tanveer Nizam, Mr. Nitesh Acharya, Mr. Pukhrambam Ramesh Kumar, Mr. Sumit Kumar Vats and Ms. Ninni S. Thomas, Advocates.
For the Respondents:Mr. Mukul Rohatgi, A.G.I., Mr. Tushar Mehta, Addl. S.G., Mr. Alok Sangwan, AAG, Govt. of Haryana, Mr. Sameer Rohatgi, for Dr. Monika Gusain and Mr. Nishant Ramakantrao Katneshwarkar, Advocates.

ORDER :

Leave granted. This appeal arises from order dated 16th 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 7th 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, I.P.C. 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










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