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2017 Supreme(Guj) 614

SONIA GOKANI
Pradeep Radheshyam Vyas – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Salil Thakore and Amrita A. Patel, Advocates
For the Respondent: Mitesh Amin, Public Prosecutor

JUDGMENT :

Sonia Gokani, J.

1. By way of present petition preferred by the petitioner under Article 226 of the Constitution of India, the petitioner has prayed for issuing directions against the respondent No. 5-Central Bureau of Investigation, to conduct the investigation qua the illegal obtaining of Call Detail Records (for short 'CDRs') by the Gujarat Police in respect of the mobile phone of the petitioner in connection with the investigation of the crime alleged to have been committed in the State of Maharashtra.

2. The facts of the case if put in a nutshell are as under :

2.1 The petitioner is a cardiologist by profession having his clinic at Mumbai. Mrs. Meenakshi Narsimha Moorthy, mother of the respondent No. 3, was referred to the petitioner by the patient's family doctor in the month of June, 2010. She was admitted to the petitioner's nursing home in the month of May, 2011 and she suffered a cardiac arrest resulting into her natural death on May 06, 2011.

2.2 The respondent No. 3 made a complaint against her own brother, her brother's wife and her own daughter as well as against the present petitioner. By letters dated May 26, 2011 and May 31, 2011, sent by her advocate, she ca

























































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