LAKHI MULUBHAI MODHVADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has prayed for a direction to hand over the investigation of complaint being C.R. No.I 170 of 2005 registered with Kamalbag Police Station, Porbandar to Central Bureau of Investigation.

(2.) The petitioner is widow of deceased Mulubhai Gigabhai Modhvadia.The case of the petitioner is that the husband of the petitioner was in the business of mining and trading of lime stone. Babubhai Bhimabhai Bokhiria, the respondent no.3 herein, who is an ex-Minister, is also carrying on the same business and therefore there was stiff competition between them. According to the petitioner, the husband of the petitioner was murdered on 16.11.2005 at the behest of respondent no.3. It is alleged that in past on many occasions, there was threat on the part of respondent no.3 to the husband of the petitioner, which fact was disclosed to the petitioner.

(3.) Mr. Yatin Oza, learned Senior Counsel for the petitioner submitted that one of the persons who is involved in the killing operation is one Samat Gogan, who was released on anticipatory bail by Sessions Court. He submitted that he was moving with Chief Minister in the village of Bhima Dula along with senior police officers and he was released on Anticipatory bail which was facilitated by Public Prosecutor. He submitted that in the case of other two accused in connection with the same incident i.e. Rajubhai Karsanbhai Odedra and Dudabhai Hajabhai Odedra were released on bail and the State had preferred bail applications only after the accused were released and out of jail.