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2010 Supreme(Bom) 346

A.P.LAVANDE, PRASANNA B.VARALE
Vimal Ashok Thakre – Appellant
Versus
Incharge, Police Station officer – Respondent


Advocates:
Advocate Appeared:
Anjan De, N.W.Sambre, S.K.Mishra, Sunil V.Manohar

JUDGMENT

A.P.LAVANDE, J.

(1) Heard Mr. Anjan De, learned counsel for the petitioners, Mr. N. W. Sambre, learned P.P. for respondents 1 and 2, Mr. S. K. Mishra, learned Assistant Solicitor General for respondent No. 3 and Mr. Sunil v. Manohar, learned amicus curiae.

(2) Rule.

With the consent of learned counsel the petition1 was taken up for final disposal. We heard the learned counsel for the parties at length.

(3) By this petition the petitioners seek a direction that investigation in respect of the death of Yogita Thakre-minor daughter of the petitioners which has been registered as accidental case by respondent No. 1 be handed over to Central Bureau of Investigation ("the C.B.I." for short). The petitioners have sought further direction that the C.B.I, be directed to submit report to this Court after investigation.

(4) The grievance made by the petitioners in the present petition is that the unnatural death of Yogita the daughter of the petitioners on 19-5-2009 has,not been investigated by respondent No. 1 in a fair and impartial manner and, therefore, the investigation be handed over to C.B.I. Before adverting to, the submissions made by Mr. De, the learned counsel for the petitio







































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