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SCR.A/158220/2007 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1582 of 2007
==========================================
JAGATBHAI
D CHAUHAN
Versus
THE
STATE OF GUJARAT & 6
==========================================
Appearance
:
MR J G
VAGHELA for Applicant
MR LB DABHI APP for
Respondent(s) : 1,
NOTICE NOT RECD BACK for Respondent(s) : 2 -
3.
MR TUSHAR CHAUDHARY for Respondent(s) : 4,
NOTICE UNSERVED
for Respondent(s) : 5 - 7.
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 01/08/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.R.VORA)
Today
when the matter was called out, C.O.I., Mr.A.S.Medant of Sihori
Police Station is present and he submits on record through learned
APP about the search made by him in respect of Miraben who is
missing and is wife of the present applicant.
Learned
advocate Mr.J.G.Vaghela for the applicant was also heard. His
grievance is that police is not taking proper action or
investigation at least narco analysis test and forensic
investigation has not been done by the police.
As
against that learned APP Mr.L.B.Dabhi for the respondent State
submits that the present applicant had preferred a complaint being
C.R.No.I-66/2007 against Chhaganbhai Punabhai Majirana for
kidnapping of the wife of the applicant under Section 366 of the
Indian Penal code. It is submitted that intensive search has been
made out and accused Chhaganbhai Punabhia Majirana was arrested and
was taken on remand in police custody. Statements of many witnesses
were recorded and still there are no traces of missing Miraben
through media as well sufficient publication is made through
photographs of Miraben.
From
the above and from the report submitted by the police earlier and
the report submitted today, it clearly appears that the police has
made sincere efforts to trace out missing Miraben wife of the
applicant. However, no traces are available to police till date.
Going through the report submitted today, it also appears that
suspect accused who kidnapped wife of the applicant was also
arrested, but nothing could be traced out from him. At least from
the record, it could be said that the police has not made sincere
efforts to search missing Miraben.
In
view of the above, no purpose would serve to drag on this
application with direction to police to submit report on each date,
and instead, in the facts and circumstances of this case, this
application is disposed of with direction to concerned police
officer to continue the search of missing wife of the applicant
Miraben including Forensic Science Aid may also be taken in
investigation of C.R.No.I-66/2007 and in any case the search of
Miraben shall not be abandoned by the police. In case of difficulty,
it is open to the applicant to approach this Court. The application
stands disposed of. Notice is discharged.
[J.
R. VORA,J.] [J. C. UPADHYAYA,J.]
vijay
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