S.S.NIJJAR, FAKKIR MOHAMED IBRAHIM KALIFULLA
Bharati Tamang – Appellant
Versus
Union of India – Respondent
JUDGMENT
Fakkir Mohamed Ibrahim Kalifulla, J— The petitioner is the widow of one late Madan Tamang R/o Rhododendron Dell, District Darjeeling, West Bengal. According to the petitioner, her husband, who was the President of a political party called Akhil Bhartiya Gorkha League (in short “ABGL”), was brutally murdered on the morning of 21st May, 2010 under the gaze of general public, police and security personnel by the supporters of rival party called Gorkha Jan Mukti Morcha known as “GJMM” and that after the brutal attack on the deceased Madan Tamang he was rushed to a nearby hospital where he was pronounced dead. Alleging that the whole investigation which was initially held by the State police and thereafter by the CID and later by the CBI, was faulty in every respect, the petitioner has come forward with the following prayers in the writ petition:
“(a) Issue a Writ of Mandamus or any other Writ, Order or Direction in the nature of Mandamus quashing the Charge Sheet No. 76 of 2010 submitted on August 30th 2010 by the C.I.D. Homicide Squad, West Bengal along with Supplementary Charge Sheet No. 4(3) dated August 20, 2011 (C.B.I.) filed in G.R. Case No. 148 of 2010 by the CBI on 20
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Bholu Ram v. State of Punjab and another reported in (2008) 9 SCC 140. (Para 26)
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Babubhai Jamnadas Patel v. State of Gujarat and others reported in (2009) 9 SCC 610. (Para 31)
Rubabbuddin Sheikh v. State of Gujarat and others reported in (2010) 2 SCC 200. (Para 32)
Ram Jethmalani and others v. Union of India and others reported (2011) 8 SCC 1. (Para 36)
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