Gujarat High Court
Binodkumar vs State on 14 August, 2008
Author: Anant S. Dave
Bench: Anant S. Dave
Gujarat High Court Case Information System
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SCR.A/179020/2007 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1790 of 2007
=========================================================
BINODKUMAR
SHIVDATT GAHLOT - Applicant(s)
Versus
STATE
OF GUJARAT & 8 - Respondent(s)
=========================================================
Appearance :
MR
AD OZA for Applicant(s) : 1,
MR RC KODEKAR APP for Respondent(s) :
1 - 5.
DELETED for Respondent(s) : 6,8 - 9.
None for
Respondent(s) :
7,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 14/08/2008
ORAL
ORDER
By way of the present petition under Article 226 of the Constitution of India, the petitioner has made the following main prayers :-
A. This Hon'ble Court may be pleased to admit and allow this petition.
B. This Hon'ble Court may be pleased to issue a writ in the nature of writ of mandamus or any other appropriate writ, order or direction :
(i) directing the respondent no.1 and 2 to hand over the investigation of C.R. No.I-63 of 2005 lodged with respondent no.4-DCB Surat to the investigating agency i.e. CID Crime of the State, with a further direction to the said agency to carry out the investigation and to take proper steps and procedures within the stipulated time and to take appropriate steps for handing over the custody of Pooja to the petitioner, who is her father;
(ii) directing the respondent nos.1 to 5 to take the custody of Pooja, daughter of the petitioner, from the custody of the respondent no.6-Nirmala Sisu Bhavan and to hand over the same to the petitioner who is the father of the said Pooja, after following due procedure under the law .
Learned Single Judge of this Court (Coram : Hon'ble Mr. Justice Akil Kureshi) issued certain directions vide order dated 11.10.2007. Para 5 of the said order reads as under :-
5. Considering the peculiar circumstances of the case, I find it necessary to have the matter further probed. In the result, following directions are given.
Respondent No.6 is directed to produce the said girl child before this Court on the next date i.e. 26th October,2007 for the purpose of collecting samples to carry out DNA test by FSL Laboratory, Gandhinagar.
Question of bearing the cost for such test will be decided later on.
Counsel for the petitioner submitted that apparently no steps are taken against the person who might have been involved in kidnapping the child and may have designs to involve her in forced beggary. The police shall file affidavit stating the steps taken to investigate the allegations against the persons suspected of having committed the crime .
On 31.1.2008 learned Single Judge of this Court (Coram : Hon'ble Ms.Justice H.N.Devani) passed the following order :-
Date : 31/01/2008 ORAL ORDER Pursuant to directions issued by this Court from time to time, the Deputy Director of Forensic Science, Gujarat State, Gandhinagar has submitted Forensic Examination Report dated 31st December, 2007 before this Court. The conclusive part of which reads as under:
From above results it is concluded that Mr Binod S.Gahlot (source of Ex-2A) and Mrs.Hiradevi B.Gahlot (source of Ex-5A) are excluded as biological parents of child Pooja (source of Ex-8A).
Considering the conclusion arrived at in the said DNA analysis report, the reliefs prayed for in the petition, insofar as the petitioner (i) seeks direction against Investigating Officer to take appropriate steps for handing over custody of Pooja to the petitioner; (ii) seek direction against respondents no.1 to 5 to take custody of Pooja, daughter of the petitioner, from the custody of respondent No.6. - Nirmala Sisu Bhavan and to hand over the same to the petitioner who is the father of the said Pooja, after following due procedure under the law; (iii) prays for interim-relief seeking a direction against respondent no.6 to hand over the custody of Pooja, daughter of the petitioner, to the respondent-Police Authorities for further investigation and that the respondent-Police Authorities may be directed to keep the child in the institution for children at Surat and direct the respondent-Police Authorities to undergo necessary procedure of investigation in respect of the same;
no longer survive.
In view of the fact that the aforesaid reliefs do not survive any longer, respondents no.6, 8 and 9 are no longer necessary parties for the purpose of adjudication of the present petition. In the circumstances, respondents no.6, 8 and 9 are deleted.
Insofar as the relief seeking handing over of the investigation of the case to the Investigating Agency i.e. C.I.D. Crime of the State, the petition stands adjourned to 12th February, 2008.
Sd/-
(H.N.DEVANI, J.) In view of the above orders passed by this Court, Mr.A.D.Oza, learned counsel for the petitioner, submits that investigation may be handed over to the CID (Crime).
Having perused the record of the case and submissions made by learned APP that up till now the State authorities have carried out all the directions issued by this Court from time to time and ultimately in DNA test it is found that Pooja is not daughter of the petitioner, prayer to hand over investigation to CID (Crime), at this stage, deserves second thought by this Court.
However, interest of justice would be served by directing the respondent No.2-Director General of Police, State of Gujarat, Gandhinagar to consider the issue of handing over the investigation of the subject matter to CID (Crime), State of Gujarat, within a period of six weeks from the date of receipt of the writ of this order.
With the above direction, this Special Criminal Application stands disposed of.
(ANANT S. DAVE, J.) *pvv Top