Gujarat High Court
Rekhaben D/O Bhawanji Thakore (Minor) ... vs State Of Gujarat & 2 on 10 March, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/3839/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 3839 of 2013
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REKHABEN D/O BHAWANJI THAKORE (MINOR) THRO'....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR VIRAT G POPAT, ADVOCATE for the Applicant(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 1 - 3
MR NJ SHAH, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 10/03/2015
ORAL ORDER
1. By this writ application, the petitioneroriginal first informant of C.R. No.I81 of 2013 registered with the Aagthada Police Station, DistrictBanaskantha for the offence punishable under Sections 363, 366, 376, 506(2) r/w.114 of the IPC has prayed for the following reliefs: "11(a) To allow this petition;
(b) To issue a writ of mandamus and/or certiorari and/or any other appropriate writ, order or direction directing transfer of investigation of FIR being ICR No.81/2013 registered with Aagthada Police Station, District Banaskantha to any other independent agency unconnected with present investigating agency;
(c) Pending admission, hearing and final disposal of this petition, to direct the respondent No.2 to produce Action Taken Report (ATR) in connection with the FIR being ICR No.81/2013 registered with Aagthada Police Station, District Banaskantha;
(d) To pass any other and further orders as may be deemed fit and Page 1 of 3 R/SCR.A/3839/2013 ORDER proper to this Hon'ble Court;"
2. It appears from the materials on record that in the FIR, she has named four persons as the accused. On completion of the investigation, the chargesheet came to be filed only against one person, whereas, it appears that against three persons, the proceedings have been dropped. It is possible that due to lack of adequate materials connecting them with the alleged crime, the Investigating Officer might have decided not to file chargesheet. However, primafacie, it appears to be a serious case, wherein, a minor was raped.
3. In such circumstances, I direct the Superintendent of Police, Banaskantha to personally look into this matter and if necessary, call for the papers of investigation and examine the same. After going through the papers, if necessary the directions in accordance with the law may be issued.
4. Mr. Popat, the learned advocate appearing on behalf of the petitioner has invited my attention to the following observations made by the Hon'ble Supreme Court in the case of 'Dilip Vs. State of Madhya Pradesh' reported in 2013 (6) Scale 264.
"...The Investigating Officer must ensure that the victim of rape should be handled carefully by lady police official/ officer, depending upon the availability of such official/ officer. The victim should be sent for medical examination at the earliest and her statement should be recorded by the I.O. in the presence of her family members making the victim comfortable except in incest cases. Investigation should be completed at the earliest to avoid the bail to the accused on technicalities as provided under Section 167 Cr.P.C. and final report should be submitted under Section 173 Cr.P.C., at the earliest."
5. While looking into the matter, the Superintendent of Police, Banaskantha shall keep in mind the aforenoted observations made by Page 2 of 3 R/SCR.A/3839/2013 ORDER the Supreme Court.
6. With the above, this petition is disposed of. Direct service is permitted.
(J.B.PARDIWALA, J.) aruna Page 3 of 3