Gujarat High Court
Mukeshbhai Manharlal Khakhar vs State Of Gujarat on 16 March, 2020
Author: Sonia Gokani
Bench: Sonia Gokani, Gita Gopi
R/SCR.A/10941/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 10941 of 2018
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MUKESHBHAI MANHARLAL KHAKHAR
Versus
STATE OF GUJARAT
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Appearance:
MR BM MANGUKIYA(437) for the Applicant(s) No. 1
MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1
for the Respondent(s) No. 4
MR RC KODEKAR(1395) for the Respondent(s) No. 1
PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 2,3
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
and
HONOURABLE MS. JUSTICE GITA GOPI
Date : 16/03/2020
ORAL ORDER
(PER : HONOURABLE MS JUSTICE SONIA GOKANI)
1. This Court on 11.03.2020 has passed the following order:
"1. Further, affidavit is filed by the petitioner, who is aggrieved by nonfinding of the corpus, who happens to be his daughter and is missing since 11.08.2018. A copy of the affidavit has also been given to the learned Additional Public Prosecutor, Mr. Ronak Raval, since, learned Special Public Prosecutor, Mr. Kodekar, is on leave, today. The officer, namely Mr.Ketan Mehta, who is Page 1 of 6 Downloaded on : Sun Jun 14 00:33:41 IST 2020 R/SCR.A/10941/2018 ORDER inquiring into the matter had tendered a report, where, he has given the chronology of the events, as to how the CBI is making fanatic efforts to trace the corpus. After hearing the learned Special Public Prosecutor, the Court shall pass other and further orders.
2. S.O. TO 16TH MARCH, 2020. Till then, it is being directed that the Joint Director, CBI, shall supervise the investigation, bearing in mind the numbers of antecedents of the accused and also the manner and nature of commission of crime. While so doing, it shall bear in mind the decision of the Apex Court in "BACHPAN BACHAO ANDOLAN VS. UNION OF INDIA AND OTHERS",(2015) 13 SCC 39, where, it has observed and held as under:
"68. We have carefully mentioned comprehensive submissions and suggestions given by the learned Solicitor General and others. We plan to deal with the problem of children's exploitation systematically. In this order we are limiting our directions regarding children working in the Indian Circuses. Consequently, we direct:
(I) In order to implement the fundamental right of the children under Article 21A it is imperative that the Central Government must issue suitable notifications prohibiting the employment of children in circuses within two months from today.Page 2 of 6 Downloaded on : Sun Jun 14 00:33:41 IST 2020
R/SCR.A/10941/2018 ORDER
(ii) The respondents are directed to conduct
simultaneous raids in all the circuses to liberate the children and check the violation of fundamental rights of the children. The rescued children be kept in the Care and Protective Homes till they attain the age of 18 years.
(If it is not convenient to either side to conduct the matter on the next date of hearing, they shall make an alternative arrangement for conducting the matter. ) The respondents are also directed to talk to the parents of the children and in case they are willing to take their children back to their homes, 63 they may be directed to do so after proper verification.
(iv) The respondents are directed to frame proper scheme of rehabilitation of rescued children from circuses.
(v) We direct the Secretary of Ministry of Human Resources Development, Department of Women and Child Development to file a comprehensive affidavit of compliance within ten weeks."
3. Noticing the age of the corpus so also the age of the accused, it is EXPECTED that intensive search and investigation on the part of the CBI shall be carried out.
2. Pursuant to the order passed by this Court, Page 3 of 6 Downloaded on : Sun Jun 14 00:33:41 IST 2020 R/SCR.A/10941/2018 ORDER today, the action taken report has been submitted by the Police Inspector, Special Crime Branch, CBI through the learned Special Public Prosecutor where the extensive efforts made for searching the corpus have been detailed, which we deem appropriate not to reproduce for the purpose of ensuring that they do not get revealed so as to jeopardise the possibility of finding the accused and the corpus bearing in mind the fact that in August, 2018 the convictDhaval Trivedi, who has alleged to have taken away the girl has absconded after he was granted the furlough leave, the CBI has taken over in the month of May, 2019 and investigation has continued at the level of Police Inspector.
3. Although, much efforts have been done as submitted by the learned Special Public Prosecutor and in the last report, which has been submitted to us also, we noticed that concerted efforts are on. It is hightime, for now some senior officer should stepin and investigate. He may Page 4 of 6 Downloaded on : Sun Jun 14 00:33:41 IST 2020 R/SCR.A/10941/2018 ORDER decide his own team of officers which can also include the present officer, who has already investigated or in the alternative, he may chose his own team for the said purpose.
4. Noticing the fact that the person alleged is having many criminal antecedents and is already a convict. Bearing in mind his criminal bent of mind and inclination of committing such nature of crime, let intensive and concerted efforts be made to find the corpus.
5. We have also in last order emphasised on the decision of the Apex Court rendered in case of Bachpan Bacho Andolan vs. Union of India, reported in (2015) 13 SCC 39, where the Court has essentially emphasised on the right of the children and need to protect them from being trafficked in inhuman way. Also, bearing in mind the plight of those victims who no longer are children, but have been the victim of such crimes, this investigation shall continue.
6. Let all possible attempts be made to coordinate with the senior officers of the Page 5 of 6 Downloaded on : Sun Jun 14 00:33:41 IST 2020 R/SCR.A/10941/2018 ORDER neighboring States & of those States where the convict and the corpus are said to have moved.
7. Stand Over to 03.04.2020.
8. In the event of the corpus being found earlier, the officer shall be at liberty to present her before this Court even unscheduled.
(MS SONIA GOKANI, J) (MS GITA GOPI,J) M.M.MIRZA Page 6 of 6 Downloaded on : Sun Jun 14 00:33:41 IST 2020