Gujarat High Court
Bhoorabhai Lakshmanbhai Prajapati vs State Of Gujarat & 7 on 11 August, 2016
Author: Harsha Devani
Bench: Harsha Devani, Biren Vaishnav
R/SCR.A/982/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 982 of 2016
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BHOORABHAI LAKSHMANBHAI PRAJAPATI....Applicant(s)
Versus
STATE OF GUJARAT & 7....Respondent(s)
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Appearance:
MR PS CHAUDHARY, ADVOCATE for the Applicant.
MR PARESH A. PATEL, ADVOCATE for the Respondent(s) No. 4 - 6
NOTICE SERVED BY DS for the Respondent(s) No. 2 , 8
NOTICE UNSERVED for the Respondent(s) No. 3 , 7
MR HIMANSHU PATEL, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI
and
HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 11/08/2016
ORAL ORDER
(PER : HONOURABLE MS.JUSTICE HARSHA DEVANI)
1. By this petition the petitioner seeks issuance of a writ of Habeas Corpus to the respondents directing them to produce the petitioner's kidnapped minor daughter Vimalaben Bhoorabhai Prajapati before this Court.
2. From the averments made in the memorandum of the petition, it appears that the petitioner's daughter Vimalaben is missing since 15th July, 2014. In connection with the same the petitioner has lodged a first information report being Gadh Police Station I C. R. No. 72 of 2014 for the offences under Page 1 of 6 HC-NIC Page 1 of 6 Created On Fri Aug 12 03:09:40 IST 2016 R/SCR.A/982/2016 ORDER sections 363 and 366 of the Indian Penal Code and section 3(c), 4, 8 and 20 of the Protection of Children from Sexual Offences Act, 2012.
3. The petitioner had earlier moved a petition being Special Criminal Application No. 4734 of 2014 which came to be disposed of by an order dated 24/08/2015 with a direction to the Local Crime Branch, Palanpur to trace out the missing daughter of the petitioner and the Deputy Superintendent of Police, Local Crime Branch, Palanpur, was directed to submit a report with respect to the further progress within a period of three months from the date of the order.
4. Since despite the above directions, the petitioner's daughter was not traced out, he has moved the present petition seeking the reliefs noted hereinabove.
5. A perusal of the record of the case reveals that the respondent No.8, from time to time, has placed on record reports of the investigation made by them for the purpose of tracing out the minor child of the petitioner; however, till date there is no success.
6. During the course of the present proceedings, Mr. Himanshu Patel, learned Additional Public Prosecutor has placed on record a set of documents. From the documents placed on record, it appears that a Division Bench of this court in various petitions seeking writs of habeas corpus being Special Criminal Application No. 1648 of 2012 and allied matters, has, by an order dated 26th December, 2012, issued the following directions:
Page 2 of 6HC-NIC Page 2 of 6 Created On Fri Aug 12 03:09:40 IST 2016 R/SCR.A/982/2016 ORDER "1. As and when any complaint is made by the concerned person/father/mother/parents of the missing girl/missing person making allegation for the offences punishable under Sections 363, 366, 376 and/or any other offence under the Indian Penal Code, 1860, more particularly, related to the offence against women with allegations of missing and/or kidnapping, etc., the concerned police officer must immediately register the same as FIR and start investigating immediately and all such efforts should be made by the concerned IO to find out and/or trace out the missing girl/accused.
2. For any reason and despite best efforts, the concerned police officer is not in a position to find out and/or trace out the missing girl/women or concerned accused within a period of three months, the same shall be immediately reported to the concerned S.P./Dy.S.P. and for a further period of three months, the concerned S.P./Dy.S.P. and/or higher Authority shall monitor and/or supervise the investigation and get the weekly report from the concerned police officer/Investigating Officer.
3. If the concerned police officer/Investigating Officer and/or the concerned higher Officer apprehends that the missing girl/accused is outside the State and there is any non-cooperation by the concerned police officer of the concerned State, the same shall be immediately reported to the IG/DIG/Secretary, Home Department, State of Gujarat and it should be seen that the requisite required assistance is received from the concerned police officer of the concerned State.
4. If despite the aforesaid all efforts inclusive of obtaining warrants under Section 70 of the CrPC, giving public notices in local newspapers/news papers, in Door Darshan etc., the missing girl/accused is/are not traced out, investigation of all such cases shall be transferred to the CID Crimes Branch immediately after a period of six months and the CID Crimes, State of Gujarat either through missing cell/women cell or the CID Crimes shall investigate such a case and to find out Page 3 of 6 HC-NIC Page 3 of 6 Created On Fri Aug 12 03:09:40 IST 2016 R/SCR.A/982/2016 ORDER the missing girl/corpus/accused.
5. The State Government to consider the proposal to increase staff in the CID Crimes more particularly in the Women Cell and Missing Cell of the CID Crimes immediately and see to it that the staff is increased in the office of CID Crimes more particularly Women Cell and Missing Cell and/or respective zones which is required to expedite the investigation in such cases. All efforts should be made by the State Government to increase the staff at the earliest.
6. In cases where the concerned Investigating Officer has submitted A summaries in the respective cases, all such cases shall be reviewed by the concerned higher Officer/Dy.S.P. and the concerned Dy.S.P./higher Authority shall monitor and/or supervise such investigation by getting weekly reports and if thereafter, within a period of three months, the result is not achieved and the concerned missing girl/women is still not traced out and/or found out, all such cases shall also be transferred to the CID Crimes for its investigation."
7. Subsequently, the Supreme Court in Bachpan Bachao Andolan v. Union of India, (2014) 16 SCC 616, has inter alia directed that in case a missing child is not recovered within four months from the date of filing of the first information report, the matter may be forwarded to the Anti-Human Trafficking Unit in each State in order to enable the said unit to take up more intensive investigation regarding the missing child. The Anti-Human Trafficking Unit shall file periodical status reports after every three months to keep the Legal Services Authorities updated. Once a child is recovered, the police authorities shall carry out further investigation to see whether there is any involvement of any trafficking procedure by which the child went missing, and if, on investigation, such Page 4 of 6 HC-NIC Page 4 of 6 Created On Fri Aug 12 03:09:40 IST 2016 R/SCR.A/982/2016 ORDER links are found, the police shall take appropriate action thereupon.
8. Pursuant to the above orders passed by the Supreme Court as well as this court, further steps appear to have been taken by the concerned authorities including taking steps for setting up additional Anti-Human Trafficking Units. However, Mr. Himanshu Patel, learned Additional Public Prosecutor, under instructions, states that, insofar as the Anti-Human Trafficking Unit in Banaskantha District is concerned, the Local Crime Branch, Palanpur is in charge of that Unit. However, despite the fact that the Local Crime Branch, Palanpur is in charge of the investigation, till date the minor daughter of the petitioner has not been traced out and a period of more than two years has elapsed since she went missing.
9. In the aforesaid premises, this court deems it fit to direct the concerned Superintendent of Police, District Banaskantha, to supervise the investigation that is being carried out by the respondent No.8 in the present case and submit a status report to this court within a period of three months from the date of receipt of a copy of this order.
Registry to furnish a copy of this order to Mr. Himanshu Patel, learned Additional Public Prosecutor for further action in this behalf.
Stand over to 5th December, 2016.
(HARSHA DEVANI, J.)
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R/SCR.A/982/2016 ORDER
(BIREN VAISHNAV, J.)
syed/
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