Narmada Bai V/s State of Gujarat & Ors.

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2011-04-08
Case No: 115 of 2007
Case Type: Writ Petition (Criminal)
Judge Name: P. Sathasivam & B.S. Chauhan
Subject: Criminal Law
Statutes / Acts: Code of Criminal Procedure (CrPC)
Section: u/s.220, Cr.P.C
Bench Strength: Double Bench
State of Appellant(s): Gujarat
Case Note / Description :

The Police Authorities of the Gujarat State are directed to handover all the records of the present case to the CBI within two weeks from this date and the CBI shall investigate all aspects of the case relating to the killing of Tulsiram Prajapati and file a report to the concerned court/special court having jurisdiction within a period of six months from the date of taking over of the investigation from the State Police Authorities. We also direct the Police Authorities of the State of Gujarat, Rajasthan and Andhra Pradesh to cooperate with the CBI Authorities in conducting the investigation. It is made clear that any observation made in this order is only for the limited purpose of deciding the issue whether investigation is to be handed over to the CBI or not and shall not be construed as expression of opinion on the merits of the case. Though the petitioner has prayed for compensation for the killing of her son, inasmuch as we direct the CBI to investigate and submit a report before the court concerned/special court within six months, depending on the outcome of the investigation, petitioner is permitted to move the said court for necessary direction for compensation and it is for the said court to pass appropriate orders in accordance with law. The writ petition is allowed on the above terms. 

Code of Criminal Procedure, 1973

 
 
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