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2016 Supreme(HP) 631

RAJIV SHARMA, CHANDER BHUSAN BAROWALIA
Gujari Devi – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ajay Vaidya, Advocate.
For the Respondents:Mr. M.A. Khan, Addl. AG, with Mr. Parmod Thakur, Addl. AG & Mr. P.M. Negi, Dy. AG, for the respondent-State.
Mr. Suresh K. Thakur, Advocate, for respondents No. 4 & 6 to 9.

JUDGMENT :

Chander Bhusan Barowalia, J.

The petitioner has approached this Court for issuance of writ/directions to the respondents to handover the investigation of the case to the Central Bureau of Investigation or in the alternative to any other investigating agency, directing the investigating agency to find the location of the mobile phone bearing EMI No. 911393851875330 and 911416554397820, to carryout the investigation in presence of the petitioner, produce the record of the investigation before this Court and not to submit the final report under Section 173 The Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) during the pendency of the writ petition

2. As per the petitioner, on 27.04.2014, at about 2:17 p.m. one Shri Sanjay Kumar, Auto Driver, informed Police Station Mcleodganj, Dharamshala, H.P., that one body in suspending condition was found hanging with a rope tied with the tree in Barha Kotha forest, around Kala Pul, Near Centre School, Dharamshala, Kang
































































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