The Bombay High Court on Monday ordered the removal of the name of Bollywood actor Salman Khan from a plea seeking a CBI probe into the custodial death of an accused in the firing case outside Khan’s Mumbai home. A division bench of Justices Revati Mohite Dere and Shyam C Chandak was informed by the lawyer appearing for Rita Devi, mother of deceased accused Anuj Thapan, that there is no pleading against Khan in the petition and no relief has been sought against him. Accordingly, the bench directed the petitioner to remove Khan’s name as party respondent from the petition. “What is the point of making a person who is supposed to be the victim a party respondent? We see no reason why Khan should continue to be in this plea. He is not a necessary party. You are concerned with the death of your son, the court will look into that. By adding Khan, you are digressing from the core issue,” the Court remarked. Thapan was lodged at a crime branch lock-up in the Mumbai police headquarters. On May 1, the police said Thapan died by suicide in the bathroom of the lock-up. In her plea, Rita Devi said that despite a custodial death having occurred, the police had not registered an FIR. She requested that an FIR be registered and the CBI should inquire into the case. Khan was one of the respondents in the plea. A vacation bench of the high court had directed the Mumbai police to file a status report on the ongoing probe into Thapan’s death. This order was issued after the prosecution informed the Court that the investigation into the death had been transferred to the Crime Investigation Department and a magisterial inquiry had also been initiated. The HC on May 22 had also expressed displeasure over an “incomplete” autopsy or post-mortem report submitted in connection with the custodial death. On Monday, the prosecutor informed the Court that the magistrate had summoned Thapan’s mother to record her statement which she received belatedly. The Court asked the magistrate to issue a fresh summons and ensure that the same is served upon the mother well in time to enable her to appear. The HC will hear the plea after six weeks.
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