I n the course of the investigations, the RTO felt that the locking system of the car was functioning properly; whereas the investigating agency, on the basis of the tests conducted at the police station, later found that the locking system was not operational on two out of three occasions.

Moreover, the injuries discovered on Yogita during the post-mortem and the blood stains on her clothes needed to be thoroughly investigated to find out whether her death was homicidal or accidental.

The family's petition says that with regard to the investigation carried out so far by the police, it is a fit case in which investigation deserves to be handed over to any other agency for proper and effective investigation of the various aspects of the case.

As held by the Supreme Court, investigation of a crime can be handed over to the CBI only in rare and exceptional cases. Hence, the high court ordered the investigation to be handed over to the state CID.

In Judicial Magistrate First Class Nilima Patil's words, recorded on December 21, 2011: 'Despite further direction by the high court, mere recording the statements of the witnesses, nothing is shown to have been done by the CID. It appears that no investigation was carried out keeping in mind the directions given by the high court. It showed want of appreciation of the emergent need to get at the truth of the case.'

After taking over the investigations from the local police, the CID has merely recorded statements of over 90 witnesses. No effort appears to have been made by the CID to check the veracity of the statements recorded.

For instance, while Yogita's mother claims that Nikhil Gadkari, the BJP leader's son, was watching the events of May 9, 2011, from the balcony of his home, the younger Gadkari, in his statement, stated that he was not at Gadkari Wada when the incident occurred.

On December 21, 2011, Magistrate Nilima Patil not only rejected the state CID's closure report, but was extremely critical of the agency and its investigation methods.

The judge noted that the high court, in its order, had given a reference of all aspects on which the investigation ought to have been carried out.

Magistrate Patil added, 'I have gone through the C summary report and the records. It is noted by me that, after giving the directions, the CID has only recorded the statement of witnesses and filed the C summary report concluding that no offence is made out and that the deceased died due to smothering in (the) car.'

On the investigation carried out by the CID, Magistrate Patil noted, 'It showed want of appreciation of the emergent need to get at the truth of the case. To throw light on the aspects considered by the high court, i.e., (the) reason of (the) death of (the) deceased Yogita Thakre and (the) difference of (the) car from which (the) corpus of Yogita was seized and (the) reference of the car in (the) inquest panchanama.'

'I am of the opinion that further detailed investigation is necessary and hence no case is made out to accept the C summary at this stage,' the magistrate noted.

"We are happy that the courts have at least highlighted the loopholes in the investigations," say Yogita's family members, who insist, "but what we want is that the case be transferred to the CBI."

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