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2011 (4) TMI 1477 - SC - Indian Lawsfake encounter - whether after filing of the charge-sheet by the State agency, the Court is precluded from appointing any other independent specialized agency like the CBI to go into the same issues if the earlier investigation was not done as per the established procedure - In present case, Petitioner alleged that the Respondents/accused officers enjoy powerful position in their respective State Police and are trying to obstruct further inquiry into the fake encounter killing of her son, who was a material witness in the case of fake encounter of Sohrabuddin and his wife Kausarbi. Hence, the Petitioner has preferred this petition before this Court praying for direction to CBI to register an FIR and investigate the case. HELD THAT:- In view of discussions and submission although, charge-sheet has been filed by the State of Gujarat after a gap of 3 1/2 years after the incident, that too after pronouncement of judgment in Rubbabudin's case [2010 (1) TMI 1156 - SUPREME COURT] and considering the nature of crime that has been allegedly committed not by any third party but by the police personnel of the State of Gujarat, we are satisfied that the investigation conducted and concluded in the present case by the State police cannot be accepted. In view of various circumstances highlighted and in the light of the involvement of police officials of the State of Gujarat and police officers of two other States. it would not be desirable to allow the Gujarat State Police to continue with the investigation, accordingly, to meet the ends of justice and in the public interest, we feel that the CBI should be directed to take the investigation.
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