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2025 Supreme(Bom) 1318

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
B.P.COLABAWALLA, FIRDOSH P.POONIWALLA
Rekha P. Thapar – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant :Adv. Naushad Engineer, Sr. Advocate with Adv. Hasmit Trivedi, Adv. Mehek Shah i/b. Jayesh Mestry
For the Respondent:Ms. Purnima H. Kantharia, G. P. with Mr. Abhay L. Patki, Addl. G. P., Mr. A. Y. Sakhare, Sr. Advocate with Adv. Yashodeep Deshmukh, Adv. Jyoti Mhatre, Adv. Anuja Tirmali i/b. Adv. Komal Punjabi, Adv. S. R. Page with Adv. Eesha Jaifalkar, Adv. Archana Joglekar, Adv. Vighnesh Kamat with Adv. Satish Kamat, Dr. Shailendra Gujjar, Medical Officer of Health (L Ward), Mr. Vishal Ghagre, Investigation Officer (D.E. Cell)

JUDGMENT :

1. RULE. Rule made returnable forthwith and heard finally by consent of the parties.

INTRODUCTION:-
2. On 16th October, 2015, 8 young adults visited a restaurant named Hotel City Kinara (herein after referred to as “Kinara”) for lunch at 1.00 p.m.. They were made to sit on a table in the loft area/mezzanine floor of Kinara where food was served to them. At about 1.20 p.m. a fire broke out in the loft area/mezzanine floor. The Fire Brigade came at around 1.36 p.m. However, tragically all 8 young adults lost their lives. The names of these young adults, the names of the Petitioners who are their parents/widow and the relation of each of the Petitioners to the deceased victims is set out herein below:-

Petitioners No.Name of the PetitionerName of the deceased victimRelation to the Victim
1Rekha P. ThaparAkash ThaparMother
2Hendric DsouzaErwin DsouzaFather
3Antony FernandoBrian FernandoFather
4Sangeeta KanaujiaArvind KanaujiaWife
5Jalil Ahmed ShaikhSharjeel ShaikhFather
6Musthaque ShaikhTaha ShaikhFather
7Jacinta D’souzaBernadette D’souzaMother
8Ateeq Rehman ChaudharySajid ChaudharyFather

3. On 28th August, 2016, a complaint was filed before the Lokayukta, Maharashtra State, seeking dire

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