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2017 Supreme(Guj) 969

J.B.PARDIWALA
Jamalbhai Mohammadbhai Mehtar – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Subramaniam Iyer, Advocate
For the Respondent:P.K. Jani, Additional Advocate General

JUDGMENT :

J.B. Pardiwala, J.

1. By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs:

"5(A) Directing the respondent to pay to the petitioner Rs. 50 Lacs or any other appropriate amount deemed fit, towards compensation against killing of his son Sadik Jamal in a fake encounter on 13-1-2003 by the officers of Crime Branch.

(B) Any other relief deemed fit to meet the ends of justice may be granted."

2. The case of the writ applicant may be summarised as under:

2.1 It is the case of the writ applicant that his son by name 'Sadik' aged 25 was killed by the officers of the D.C.B. on 13th January 2003 in a fake encounter. In such circumstances, he claims compensation to the tune of Rupees Fifty Lac from the State Government.

2.2 It appears from the materials on record that on 13th January 2003, a First Information Report came to be registered with the Crime Branch Police Station, Ahmedabad city against the deceased son of the writ applicant and seven others for the offence punishable under Sections 120-B, 121-A, 122, 123, 307, 353, 186 and 224 of the Indian Penal Code and Section 135(1) of the Bombay Police Act. The F.















































































































































































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