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2022 Supreme(SC) 1701

M. R. SHAH, M. M. SUNDRESH
M. S. Radhakrishnan – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
Mr. Jogy Scaria, Advocate, Ms. Beena Victor, Advocate, Mr. Ravi Lomod, Advocate, Mr. Keerthipriyan E., Advocate, Ms. M. Priya, Advocate, Ms. Varsha Awana, Advocate, Mr. Vinoth Yadav, Advocate, For the Appellant / Mr. Shubhranshu Padhi, Advocate, Mr. Vishal Bansal, Advocate, Mrs. Rajeshwari Shankar, Advocate, Mr. Niroop Sukirthy, Advocate, Mr. Mohd. Ovais, Advocate, For the Respondent.

ORDER

1. This is a case where a poor father, whose son has been killed/alleged to be murdered has approached this Court for appropriate order directing the (H&B) CID, Bengaluru-Respondent No.5 herein to transfer the further investigation in Crime Case No. 65 of 2014 registered with Panambur P.S. Mangaluru, Karnataka to the Central Bureau of Investigation [CBI] Bengaluru, Karnataka.

2. Pursuant to the earlier order passed by this Court dated 26.09.2022, Respondent No.5-CID, Bengaluru/Investigating Agency, which was directed to further investigate in the matter has submitted the status report.

3. From the report, it appears that except again obtaining the further Expert opinion from the Department of Forensic Medicine and Toxicology, Bangalore Medical College and Research Institute, Bangalore, there is no further investigation carried out.

4. On the contrary, an abated charge-sheet has been filed against the deceased for the offence under Sections 279, 304(A) IPC read with Section 185 of the Motor Vehicles Act. It is unheard of that an abated charge-sheet can be filed against the deceased who is alleged to have been murdered/killed. Even otherwis e, on prima facie consideration of the re

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