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2015 Supreme(HP) 534

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN
Raj Pal Singh – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates:
Advocate Appeared:
For the petitioner:Mr. Hamender Chandel, Advocate.
For the respondents:Mr. Sandeep Sharma, Senior Advocate, with Mr. Prashant Sharma, Advocate, for respondent No. 1.
Mr. Shrawan Dogra, Advocate General, with Mr. Romesh Verma, Additional Advocate General, and Mr. J.K. Verma & Mr. Kush Sharma, Deputy Advocate Generals, for respondents No. 2 to 4.

JUDGMENT :

Mansoor Ahmad Mir, J.

Petitioner has invoked the jurisdiction of this Court by the medium of the writ petition in hand seeking transfer of the investigation of FIR No. 128 of 2014, registered at Police Station Dharampur, District Solan, H.P. to the Central Bureau of Investigation (for short "CBI"); for declaring the cancellation report, if any filed by the police during the pendency of the writ petition, to be illegal and in the alternative, has also sought transfer of investigation of the said FIR to Delhi, on the grounds taken in the memo of writ petition.

2. It is averred that deceased-Satish Bosaya, a businessman, was having some dispute with respondent No. 5 and were trying to arrive at a settlement. On 08.08.2014, the petitioner received information that Shri Satish Bosaya sustained injuries in a car accident on 07.08.2014 at 7.45 p.m. at Dharampur, District Solan, H.P., constraining him, his friend and the driver to rush to Dharampur. In the post-mortem report conducted at Indira Gandhi Medical College and Hospital, Shimla (for short "IGMC") (Annexure P-1), it is recorded that the deceased died due to firearm injury. A complaint was lodged on 10.08.2014 at Amar Colon
























































































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