Anupam S/O Eknath Nimgade v. State Of Maharashtra, Thr. Home Minister, Mumbai And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.719 OF 2016 Anupam Eknath Nimgade -vsThe State of Maha. Thr. Home Minister, Mantralaya, Mumbai and ors. ------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri Anupam Eknath Nimgade, Advocate for petitioner.

Shri N. B. Jawade, Addl.PP for respondents.

CORAM : B. P. DHARMADHIKARI & A. S. CHANDURKAR.

DATE : October 17, 2016 Heard for sometime.

The close relatives of deceased have in their statements recorded within short time after death named two persons. This was before 10/09/2016. Till date, the police authorities have not succeeded in recording the statement of named persons. The statement of son of one of the suspect is recorded on 13/10/2016 after intimation was given to that suspect to remain present in Police Station to assist in investigation. Son has disclosed that his father is unwell. No verification of this statement is carried out.

2/3 The statement of other suspect is not recorded till date though similar statement of son about illness of father and relatives appear on record.

We therefore direct investigation to be transferred to Central Bureau of Investigation at as State Police appear to be helpless in the matter.

Accordingly we grant prayer (c) of petition. Papers shall be handed over to CBI agency forthwith and compliance report shall be filed within period of two weeks.

Petition is partly allowed and disposed of.

Copy of this order be furnished to the parties to act upon.

JUDGE JUDGE Asmita

3/3 -: C E R T I F I C A T E :- copy of the original signed Judgment/order."

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20/10/2016