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Abhishek & Anr. vs. State of Rajasthan & Anr.

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Code of Criminal Procedure, 1973–Sec. 407 & 482–Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989–Sec. 15A–Transfer of investigation to CBI–Medical report up to effect that the injuries sustained by the deceased were fatal and life threatening–Despite such explanation, the erstwhile medical opinion placed on record is wholly contradictory–Provisions enshrined u/s. 15A of the Act to provide for the rights of victim and witnesses were not followed–Provisions of Secs. 154 & 173 Cr.P.C. were also not followed in latter and spirit–FIR was registered only after the pressure exerted by the jurisdictional MP/MLA, that to after a significant lapse of time–Police authorities and State Administration had handed-over the charge to private players such as the lease holders to protect their own interests for clandestine removal of bajri–Names of police personnels were mentioned in FIR but they were exonerated from the charge-sheet–Supplementary charge-sheet u/s. 173(8) was kept in abeyance for a significant time by ignoring the provisions of Sec. 34 IPC–Contradiction between the medical report and FSL report–Held, matter deserves to be transferred to CBI for investigation.