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Mumbai: The Bombay High Court has ordered the removal of the name of Salamana Khan as a respondent from the petition filed by the mother seeking a CBI probe into the custodial death of Anuj Thapan, an accused arrested in the shootout case at actor Salman Khan's house. Anuj Thapan was found dead in the toilet of the Crime Branch police lockup on May 1.
A bench of Smt. Revati Mohite Dere and Shyam Chandak directed the petitioner and Thapan's mother Rita Devi to remove Khan's name from the petition. The petitioner has sought permission to remove Khan's name as a respondent as there is no case against him, the court said, noting that Salman's name should be removed.
The court said that since there is no allegation against Khan and no relief is sought, there is no point in implicating Khan in the petition. There is no reason to name him in the application. He is not a necessary party, the court said.
Your petition is related to your son's death which the court will look into but what is the reason for involving Salman Khan in it? The court asked.
The court said making Khan a respondent was an attempt to divert attention from the main issue of the petition.
Anuj's mother Rita Devi had filed a petition in the court demanding a CBI inquiry, claiming that her son's death was due to police torture. The police claimed that Thapan ended his life by hanging himself. Thapan's mother claimed in the petition that Thapan was physically tortured by the police in custody.
A senior advocate appearing for Salman Khattar sought removal of the actor's name from the list of respondents, claiming that the petitioner has not made any representation against the actor.
Avin's lawyer told the court that the petitioner has not sought any action or relief against Khan. He said that he should be a part of the CID investigation. The court said that the CID will decide the matter.
Additional Public Prosecutor Prajakta Shinde told the court that a magisterial inquiry has also been initiated as per law and the status report of the CID investigation has been submitted before the high court.
Rita Devi's lawyer told the court that the magistrate had given permission to record the statement on May 23 but the summons was received on May 24.
Therefore, the court directed the magistrate to issue fresh summons and ensure that the summons are served on time. The High Court has heard the case after six weeks.
On April 14, two men on a motorcycle opened fire at Salman's Bandra residence Galaxy Apartment. A total of six people were arrested in this case. Police said that among them Thapan committed suicide by strangulation in police custody.