Gujarat High Court
Ranjeetsinh Valjisinh Shekhawat vs State Of Gujarat on 7 June, 2022
Author: Rajendra M. Sareen
Bench: Vipul M. Pancholi, Rajendra M. Sareen
R/SCR.A/1059/2021 ORDER DATED: 07/06/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 1059 of 2021
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RANJEETSINH VALJISINH SHEKHAWAT
Versus
STATE OF GUJARAT
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Appearance:
MR MEHUL A SURATI(7870) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3,8
NOTICE UNSERVED for the Respondent(s) No. 4,5,6,7
MR HK PATEL APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
and
HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
Date : 07/06/2022
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN)
1. This is a petition filed under Article 226 of the Constitution of India with the prayer that this Court may be pleased to issue a writ of Habeas Corpus and also dirwect the respondent Nos.4 to 7 to handover the custody of the son of the petitioner Parbatsinh alias Prakash Shekhawat to the petitioner, after producing the corpus in person before this Court by the respondent Nos.4 to 7.
2. Heard Mr.Mehul Surati, learned advocate for the petitioner and Mr.H.K. Patel, learned APP for the respondent nos.1, 2, 3 and 8, at length.
3. It is the case of the petitioner that on 2/12/2020, the son of the petitioner aged 23 years namely Prabhatsinh alias Prakash Shekhawat, went missing and could not be Page 1 of 4 Downloaded on : Fri Jun 10 20:41:10 IST 2022 R/SCR.A/1059/2021 ORDER DATED: 07/06/2022 found inspite of being searched at the nearby area and thereafter the petitioner got information that the son of the petitioner had a verbal altercation with one Anju Pravin Shekhawat just some days before he went missing and therefore, the petitioner has apprehension that the said person has done something wrong or unlawfully detained his son to get revenge. It is also the case of the petitioner that upon inquiry from the closed friends of Parbatsinh, it wasfound thaet the son of the petitioner has a love affair with one girl namely Manisha Makwanaand that they were in a love affair since long and before some months, the maternal uncle (Mama) of the girl namely Ashok alias Asko Mahida and Bharatbhai Mahida had threatened the corpus and said that they will make him disappear and kill him if he continues the relationship with their niece - Manisha. Missing complaint is also filed before the Vadaj Police Station immediately on the next day i.e. on 3/12/2020 but no proper response was given by the police and no FIR has been registered and hence the petitioner has approached this Court by way of filing this petition praying for a writ of Habeas Corpus.
4. In pursuance of the notice issued by this Court, efforts were made by the police agency for tracing out the corpus but no fruitful result was found and the whereabouts of the corpus was not found.
5. On 04/03/2022, Co-ordinate Bench of this Court passed the following order:
"We have a report with us from Mr. L.B.Zala, Assistant Page 2 of 4 Downloaded on : Fri Jun 10 20:41:10 IST 2022 R/SCR.A/1059/2021 ORDER DATED: 07/06/2022 Police Commissioner, 'B' Division, Ahmedabad City. It is unfortunate that the dead body found on 5.12.2020 in Accident Death Case No.73/2020 has a matching description and some of the articles worn as could be noticed from the photograph taken by the police, matches with the ornaments worn by the boy. Even the tattoo which he had on his body is similar and, therefore, police to get the DNA test done, for which, it requires assistance. The request made to the parents has been denied.
Considering the need for scientific report, the parents shall cooperate. Let the samples be drawn within three days and samples be sent for urgent matching of DNA. Once the report is received, if possible within six weeks, a further hearing shall take place.
Matter is now posted on 29.4.2022."
6. Today report has arrived along with the report of the In-charge Assistant Commissioner of Police, B-Division, Ahmedabad City. According to the report of the A.C.P. and report of the F.S.L. dated 10/05/2022. The conclusion of the examination of D.N.A. by the F.S.L. is as under:-
"Conclusion:
From the above observation it is concluded that: Autosomal DNA profile of Ranjitsinh Valjisinh Shekhavat (Source : Exhibit 1-2 Blood) and Jayaben W/o. Ranjitsinh Shekhavat (Source : Exhibit 1-1 Blood) of this case, are consistent as biological Page 3 of 4 Downloaded on : Fri Jun 10 20:41:10 IST 2022 R/SCR.A/1059/2021 ORDER DATED: 07/06/2022 parents of unknown male (Source : Exhibit 1 Blood) of connected Case No.DFS/EE/2020/DNA/989."
7. From the report of the F.S.L. forwarded to this Court by the A.C.P., it is clear that serious efforts are made by the police agency and unidentified body found is identified to be body of the Corpus as per D.N.A. Report. The D.N.A. matches with the sample of the petitioner and his wife and the D.N.A. profile of the petitioner and his wife is consistent and the petitioner and his wife are biological parents of the corpus.
8. As the corpus unfortunately died and therefore, it is not possible for the police agency to produce the corpus before this Court and handover custody of the corpus to the petitioner. Under the circumstances, present petition is accordingly disposed of.
(VIPUL M. PANCHOLI, J) (RAJENDRA M. SAREEN,J) R.H. PARMAR..
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