SANDEEP SUNIL KUMAR LOHARIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard fnally with the consent of the learned counsel for the respective parties.

(2.) This criminal revision application is fled by the son of the deceased challenging order dtd. 5/5/2021 whereby the learned Sessions Judge, Thane, dismissed the application under Sec. 173(8) of the Cr.P.C. fled by the prosecution in Sessions Case No.281 of 2013.

(3.) The brief facts necessary to decide this application are as under. The deceased Sunil kumar Lohariya, the proprietor of M/s. S.K.Builders was a whistle blower in the FSI scam and had lodged several complaints and initiated proceedings against the builders and other authorities, exposing illegalities and violation of FSI Rules in over 600 building projects. On 16/2/2013 he was gunned down by two assailants outside his Vashi ofce. The FIR was lodged and the crime was initially registered at Vashi Police Station. Subsequently, the investigation was transferred to the Crime Branch. In the course of the investigation, the assailants, some builders and others were arrested. The crime was investigated and on 13/10/2013 chargesheet came to be fled against the Respondent nos.2 to 14 (hereinafter referred to as the accused) for ofences under Ss. 302, 201, 120-B of the Indian Penal Code and Sec. 3(25), 3(27) and 4(25) of the Arms Act, 1959.