SAYEEDA SHABBIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith and the matter is heard finally with the consent of parties.

(2.) The Petitioner alleges that on 16/1/2018, her husband Shabbir Mukadam, was killed in an encounter by Respondent Nos. 4 to 6 at Javelethar, Taluka- Rajapur, District - Ratnagiri. Since the police has refused to register a First Information Report ('FIR') against them, the Petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking the following reliefs :-

(3.) The petition is opposed by the Respondents. Dr. Mohit Kumar Garg, Superintendent of Police (Respondent No.2) has filed an affidavit dtd. 5/10/2021 denying the allegations in the Petition. Similarly, Smt. Sandhyarani Vitthal Deshmukh, Superintendent State Excise (Respondent No.4) for herself as well as Respondent Nos. 1, 5 and 6, has filed an affidavit dtd. 11/10/2021 denying the allegations and seeks dismissal of the petition. Submissions of the Petitioner: