TMI Blog2012 (1) TMI 416X X X X Extracts X X X X X X X X Extracts X X X X ..... estions involved. 4. The material facts of the case which are necessary for us to consider for the purpose of disposal of the issues are that one Imran S/o Anwar Khan was found murdered under mysterious circumstances. His dead body was found on 22nd February, 2009 at the entrance of the Government hospital. Prior to that Imran was found missing and the Appellant herein went to the police station to lodge her First Information Report over that but the police sent the Appellant back after recording a mere 'missing report'. Even though at that point of time, the Appellant was said to have informed the police that Imran was allegedly kidnapped by one Ijani Khan, but, the police recorded a 'missing' report only. 5. After th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in which the investigation was proceeded and wanted further investigation to be conducted, but strangely handed over the investigation to the same police authorities about whose investigation the Magistrate was not satisfied. 9. The Appellant's contention is that once the Magistrate was prima facie satisfied that the matter was not properly investigated and required further investigation, the investigation should have been handed over to some other investigating agency. 10. When the order of the Magistrate was challenged by the Appellant before the High Court on the basis of a petition under Article 227 of the Constitution, the said petition came to be disposed of by the High Court by an unusually laconic order: 1. Heard. At t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ailable only to some persons and denied to others. This is a question of equal protection of laws and is covered by the guarantee under Article 14 of the Constitution. The issue is akin to ensuring an equal access to justice. A fair and proper investigation is always conducive to the ends of justice and for establishing rule of law and maintaining proper balance in law and order. These are very vital issues in a democratic set up which must be taken care of by the Courts. 14. Considering the aforesaid vital questions, we dispose of this appeal by directing the second Respondent, the Additional Director General of Police, State CID, Pune Division, Pune, Maharashtra to order a proper investigation in the matter by deputing a senior officer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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