RAJENDRA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The petitioners before this Court, who are employees of the Police Department of State of Maharashtra have filed the present petition under Section 397 r/w 401 of Code of Criminal Procedure for quashment of order dated 31.07.2017 passed by 6th Additional Sessions Judge, Indore in RC 04 (S)/210-SCU.V/S.C.-II.CBI.

(2.) The facts of the case reveal that as per the prosecution case on 10.11.2008, certain police personnels from Maharashra Police (Special Task force) went to the Police Station Khajrana (Indore) and after reporting their arrival at Khajrana police station, they went to the house of one-Dilip Patidar. Dilip Patidar was allegedly taken by Maharashtra police to Maharashtra and as later on he was missing, a report was lodged by the wife of Dilip Patidar.

(3.) Shri Shirpurkar, learned senior counsel for the petitioners has argued before this Court that as per the allegations, the officers of the ATS including the present petitioners took Dilip Patidar to Mumbai and he was produced before the superior officer on 11.11.2008 at Kalachowkey Unit Mumbai. His statement was recorded on 12.11.2008 and 13.11.2008 as a prosecution witness and he also gave his consent for giving statement under section 164 of Cr.P.C., 1973 An application was preferred before the Chief Metropolitan Magistrate, Mumbai on 19.11.2008 by the investigating officer ACP Kulkari.