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MA/13519/2009

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 13519 of 2009 ========================================= PANKAJ SRIKRISHNAKUMAR SAXENA, GRUHPATI & 6 - Applicant(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================= Appearance :
MR SB VAKIL, Sr.Advocate for Applicant(s) : 1 - 7. MR LR POOJARI, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1, None for Respondent(s) : 2 - 3.

========================================= CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI

Date : 04/12/2009 ORAL ORDER

1.

Petitioners are shown as accused in criminal complaint bearing No.13/2009 dated 07.11.2009 filed before Gandhinagar Police Station, alleging offences punishable under Section 304 read with Sections 34 and 114 of Indian Penal Code as well as Section 23 of the Juvenile Justice (Care and Protection) Act, 2000.

2.

Complaint is with respect to unfortunate death of two young inmates aged about 10 to 11 years in Sant Shri Asharamji Ashram, Gurukul, Motera on 3rd July, 2008. These two boys Dipesh and Abhishek were students of standard 6 and 5 respectively in the said Gurukul. They went missing from their hostel on the night of 3rd July, 2008. Their dead bodies were found from the river-bed nearby, at about 6.30 in the evening on 5th July, 2008. This unfortunate incident has received

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considerable public attention through media, print as well as electronic.

3.

Amidst allegations and counter allegations from parents of the unfortunate children and the authorities of the School, after long gap of time, present FIR came to be filed on 07.11.2009, which the petitioners want quashed, in the present proceedings.

4.

I have perused the complaint and re-read it with the assistance of learned APP . Pursuant to the said complaint, some investigation has already been carried out by the police and statements of various witnesses recorded. I have briefly perused such statements also. I have also been shown the post-mortem reports and the report of the Lie Detection Tests, both of which were available before filing of the complaint.

5.

In sum and substance, the complaint suggests that the accused had the responsibility of safety of the students including the deceased boys, that timely search was not undertaken and if proper search had been taken timely, unfortunate deaths could have been avoided. It is also alleged that passage behind the Gurukul leading to the river was kept open leading to possibility of such accidents, it is also alleged that some of the accused had suggested/carried out black magic to search out the missing boys.

6.

Prima facie I have my serious doubt whether such allegations

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would constitute offence punishable under Section 304 of IPC. The statements recorded and the materials collected before and after filing of the complaint also prima facie furthers the allegations only in the direction as disclosed in the complaint, relevant elements of which I have noted hereinabove.

7.

At this stage, it would not be appropriate to make any further observations except to call upon the State to explain the entire issue in detail including whether looking to the sensitive nature of incident, there is an attempt to somehow file a complaint leaving it for the Court to later take corrective measures.

8.

Rule returnable on 12th January, 2010. terms of para 11(c) till then.

Ad-interim relief in

(Akil Kureshi, J.)

menon

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