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2019 Supreme(SC) 502

N.V.RAMANA, MOHAN M.SHANTANAGOUDAR
Chander Bhan Singh – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates Appeared:
For the Petitioner: Mr. K.K. Rai, Sr. Adv., Mr. Tarkeshwar Nath, Adv., Mr. Chandrashekhar A. Chakalabbi, Adv., Mr. S.K. Pandey, Adv., Mr. Anshul Rai, Adv., Mr. Mukesh Hooda, Adv., Mr. Rajiv Choudhary, Adv., Mr. Onkar Nath, Adv., Mr. Rameshwar Prasad Goyal, AOR
For the Respondent: Mr. Pramod Dubey, Adv., Mr. Vivek Jain, AOR Ms. Suchitra Kumbhat, Adv., Mr. Siddharth Luthra, Sr. Adv., Mr. P.K. Dubey, Adv., Ms. Smriti Sinha, Adv., Ms. Supriya Juneja, AOR Mr. Aditya Singla, Adv., Ms. Varsha Poddar, Adv., Ms. M. Jaggi, Adv., Mr. Anoopam Prasad, Adv., Mr. Gautam Narayan, AOR Ms. Asmita Singh, Adv., Mr. Santosh Kumar, Adv., Mr. P.K. Dey, Adv., Mr. Rishabh Jain, Adv., Mr. Mukesh Kumar Maroria, AOR Mr. Siddharth Luthra, Sr. Adv., Mrs. Priya Puri, AOR Mr. Ranjay Dubey, Adv., Ms. Vineeta M., Adv., Ms. Ranjana Narayan, Adv., Mr. T.A. Khan, Adv., Mr. B. V. Balaram Das, AOR

ORDER:

1. Leave granted.

2. This criminal appeal was filed against the impugned order dated 28.10.2014, passed by the High Court of Delhi, wherein the said Court had dismissed the Revision Petition against the order rejecting the cognizance, by the learned Chief Metropolitan Magistrate.

3. It may be relevant to note the chequered history of this case spanning almost sixteen years. On 17.01.2002, the Appellant/Complainant filed a Criminal Writ Petition No. 70/2002, before the Delhi High Court against the State, Deputy Commissioner of Police and others seeking registration of a criminal complaint. The Appellant/Complainant alleged that his son had been wrongfully killed by the police on 11.01.2002. The High Court of Delhi, vide order dated 30.01.2002, directed the Central Bureau of Investigation (“CBI”) to register a complaint and investigate. CBI registered a complaint being RC No. 2(s)/2002/SICIV/ND under Sections 218, 302, 201 read with 34 of IPC.

4. The CBI, after completion of investigation, filed a Closure Report under Section 173, Cr.P.C. on the ground that the Lt. Governor, NCT Delhi did not find it to be a fit case to convey sanction for prosecution. The Chief Metropolitan Magis










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