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The magisterial report concluded that the police had fired on Lakhan, an alleged Chhota Rajan aide, in view of right of self defence. The Magistrate stated that he has come to this conclusion after going through documents of police statements, panchas, post mortem and other reports.
The report further states that the allegations leveled by the victim's brother and advocate Ramprasad Gupta are false and baseless. It adds that advocate Gupta has not furnished any document which says the deceased was already in the custody of the police.
However, a division bench of Justice R M S Khandeparkar and Justice Amjad Sayed stated that they were not satisfied with the report on a number of reasons, including non-examination of fire arms of the deceased as well as the police.
According to the petitioner, Lakhan was shot dead by the D N Nagar police on November 11, 2006.
Ramprasad Gupta had moved the high court soon after his brother’s death alleging that the police had staged an encounter and Lakhan was in fact murdered by the police officers. He had urged the court to direct the authorities to lodge an FIR against the police officers. “The judicial magistrate will now inquire into the matter and file a report in six weeks,” Public Prosecutor Satish Borulkar said.
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