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2022 Supreme(Bom) 1000

A.S.GADKARI, MILIND N.JADHAV
Rabia Khan – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Appellant :Mr. Shekhar Jagtap a/w. Ms. Sairuchita Chowdhary, Ms. Rhea Francis, Mr. Shubham Gade, Advocates i/by J. Shekhar & Co
For the Respondent:Mr. H.J. Dedhia, Mr. Sandesh Patil a/w. Mr. Chintan Shah, Mr. Subodh Desai a/w. Mr. Praful Soni, Advocates i/by Prasanna Patil, Mr. Vishwas Kumar Meena, Dy. Supdt. of Police, CBI present.

JUDGMENT :

Rule. Rule made returnable forthwith and by consent of learned Advocates for the parties herein, taken up for final hearing.

2. By this Criminal Writ Petition, Petitioner has prayed for the following reliefs:-

    “A. Call upon the records and proceedings of the Special Case No.83 of 2014 pending before the Learned Special Judge, (CBI) for Greater Bombay, Bombay;

B. Issue a writ of certiorari and/or any other appropriate writ and/or direction and/or order and thereby quash and set aside the impugned common Order passed below Exhibit 204 and 209 by the Learned Special Judge (CBI) for Greater Bombay at Bombay in Special Case No.83 of 2014, dated 16.09.2021;

C. Issue a writ of mandamus and/or any other appropriate writ and/or direction and/or order and thereby direct the Respondent to formulate a Special Investigation Team headed by its Director or Joint Director, for further investigation in to the cause of death of the victim;

D. Issue a writ of mandamus and/or any other appropriate writ and/or direction and/or order and thereby direct the Respondent No.2 to carry out the necessary further investigation in the case based upon the Legal Review Report dated 01.05.2019.”

3. On 22.06.2

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