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SCR.A/1595/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1595 of 2008
=========================================
TEJIBEN
WD/O BABUJI POPATJI THAKOR
Versus
STATE
OF GUJARAT & ORS
=========================================
Appearance :
MR
RJ GOSWAMI for Applicant
MS ARCHANA RAVAL APP
for Respondent No.1
DS AFF.NOT FILED for Respondents 2 - 3.
NOTICE
SERVED BY DS for Respondents 4 - 6
MR VIREN G DAVE for Respondent
No. 7
None for Respondent No.
8
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CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE SHARAD D.DAVE
Date
: 10/10/2008
ORAL
ORDER
: (Per : HONOURABLE MR.JUSTICE J.R.VORA)
Today
when the matter was called out, learned APP Ms. Archana Raval,
submits a detailed report, of inquiry and investigation, prepared by
Mr. A.S. Menat, Circle Police Inspector, Shihor. Mr. Menat is
present before this Court. It is revealed that the concerned police
officer has followed rigorous exercise to find out the corpus of
Laxmiben, daughter of the present petitioner. Concerned Officer has
recorded various statements of witnesses in close inquiry and
interrogation, as has been mentioned till paragraph-15 of the
report placed on record. In addition to this, police staff is
directed to visit the places where there is possibility to find out
the corpus of Laxmiben. Even at Ambaji, certain Inns are also
interrogated with photographs of victim Laxmiben and respondent
No.4. Since the petitioner has also preferred a First Information
Report, a warrant under Section 70 of the Code of Criminal Procedure
has been obtained against respondents No. 4 to 7. Police has also
made sincere attempts to implement the said warrant under Section 70
of the Cr. P.C. against the accused persons i.e. respondents No. 4
to 7. In addition to this, photographs of Laxmiben as well as
respondent No.4 are published in Gujarati papers and other papers of
local area of Banaskantha District. Relatives of respondent No.4 are
interrogated rigorously. Photographs of victim Laxmiben and
respondent No.4 are also published in Doordarshan. In last para of
the report, it is submitted that through police punters and
through police staff, rigorous investigation and inquiry is being
undertaken to find out the corpus of Laxmiben, but till today, no
whereabouts either of Laxmiben or of the accused are available to
the police.
Learned
Advocate Mr. R.J. Goswami for the petitioner is present and he was
heard in detail. Learned APP Ms. Archana Raval was also heard.
From
what is stated above, it clearly transpires that proper and sincere
search is undertaken by the police and is being done with full
rigour. In this view of the matter, we do not find it expedient to
continue this application and supervise the inquiry and investigation
at each time. Therefore, this petition stands disposed of with the
direction to the concerned Police Officer and concerned police
station to continue rigorous search to find out the corpus of
Laxmiben and to investigate the offence which is registered against
respondents No. 4 to 7. It is further directed that, in no case,
search of corpus Laxmiben be abandoned by the police. However,
when any information as to the whereabouts of Laxmiben is received
by the police, the same shall be conveyed to the petitioner. With
this observation, Notice stands discharged.
(J.
R. VORA, J.)
(SHARAD
D. DAVE, J.)
pnnair
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