(PER : HONOURABLE MR.JUSTICE M.R. SHAH) [1.0] As common question of law and facts arise in this group of petitions, they are disposed of by this common judgment and order.
[2.0] Special Criminal Application No.1648 of 2012 has been preferred by the petitioner Bharwad Gagubhai father of the corpus named Vasantben for a writ of Habeas Corpus and/or any other writ, direction or order directing respondent Nos.2 to 5 to produce the corpus girl Vasantben Bharwad before this Court and thereafter considering her wish and will, the custody of the corpus be handed over to the petitioner.
[2.1] Special Criminal Application No.1937 of 2012 has been preferred by the petitioner Vitthalbhai Mangubhai Parmar father of the corpus named Kaminiben also for a writ of Habeas Corpus and/or any other writ, direction or order directing the concerned respondents to produce the corpus named Kaminiben before this Court and thereafter, after ascertaining her wish, her custody may be handed over to the petitioner her father.
[2.2] Special Criminal Application No.2205 of 2012 has been preferred by the petitioner Khetaji Jagaji Badhiya father of the corpus named Dariyaben, who is alleged to have been kidnapped by respondent No.4 on 27.06.2012 for a writ of Habeas Corpus and/or any other writ, direction or order directing the concerned respondents to produce the corpus named Kaminiben before this Court and thereafter, after ascertaining her wish, her custody may be handed over to the petitioner her father.
[2.3] Special Criminal Application No.2318 of 2012 has been preferred by the petitioner Thakor Virsangji Bhikhaji father of the corpus named Kinjalben, who is alleged to have been kidnapped by respondent No.3, for a writ of Habeas Corpus and/or any other writ, direction or order directing the concerned respondents to produce the corpus named Kinjalben before this Court and thereafter, after ascertaining her wish, her custody may be handed over to the petitioner her father.
[2.4] Special Criminal Application No.2790 of 2012 has been preferred by the petitioner Champakbhai Khodabhai Dabhi father of the corpus minor Payal, who is alleged to have been kidnapped and/or abducted by respondent No.4 herein, for a writ of Habeas Corpus and/or any other writ, direction or order directing the concerned respondents to produce the corpus named Payal before this Court and thereafter, after ascertaining her wish, her custody may be handed over to the petitioner her father.
[2.5] Special Criminal Application No.3264 of 2012 has been preferred by the petitioner Ranchhodbhai Kanjibhai Chauhan father of the corpus named Jitendra, who is alleged to have been kidnapped and/or abducted by the private respondents herein, for a writ of Habeas Corpus and/or any other writ, direction or order directing the concerned respondents to produce the corpus before this Court.
[2.6] Special Criminal Application No.3295 of 2012 has been preferred by the petitioner Kailashben W/o. Jagdishji Waghela mother of the corpus named Sejalben, who is alleged to have been kidnapped by respondent No.5 Satishji Ishwarji Thakor, for a writ of Habeas Corpus and/or any other writ, direction or order directing the concerned respondents to produce the corpus named Sejalben before this Court and thereafter, after ascertaining her wish, her custody may be handed over to the petitioner her mother.
[2.7] Special Criminal Application No.3314 of 2012 has been preferred by the petitioner Fuljibhai Laljibhai Prajapati father of the corpus named Bhavna @ Punam, who is alleged to have been kidnapped and in illegal detention and custody of respondent No.5, for a writ of Habeas Corpus and/or any other writ, direction or order directing the concerned respondents to produce the corpus named Bhavna @ Punam before this Court and thereafter, after ascertaining her wish, her custody may be handed over to the petitioner her father.
[2.8] Special Criminal Application No.3372 of 2012 has been preferred by the petitioner Pankajkumar D Vaghela father of the corpus named Hemanginiben, who is alleged to have been kidnapped by respondent Nos.3 and 4, for a writ of Habeas Corpus and/or any other writ, direction or order directing the concerned respondents to produce the corpus named Hemanginiben before this Court and thereafter, after ascertaining her wish, her custody may be handed over to the petitioner her father.
[2.9] Special Criminal Application No.3383 of 2012 has been preferred by the petitioner Govindbhai Badaji Labana father of the corpus named Sonalben, who is alleged to have been kidnapped and/or illegal custody of respondent No.4 herein, for a writ of Habeas Corpus and/or any other writ, direction or order directing the concerned respondents to produce the corpus named Sonalben before this Court and thereafter, after ascertaining her wish, her custody may be handed over to the petitioner her father.
[3.0] Having heard learned advocates appearing for respective petitioners, who are mainly the parents of the missing girl and in one case missing son, it appears that they have approached the concerned police station by filing the complaints/FIRs alleging that their girl / son have been missing since long and that they have been kidnapped and/or abducted by the concerned private respondents in respective petitions and/or they are in illegal custody and/or detention of the concerned private respondents. It is the case on behalf of the respective petitioners that despite the FIRs have been lodged with the concerned police station, there is no proper investigation and the concerned corpus are not traced and the respective parents are not in a position to know the whereabouts of their respective girl/son. It is submitted that in some of the cases despite the specific allegations in the complaint against particular accused persons for the offences punishable under Sections 363, 366, 376 etc. of the Indian Penal Code, 1860 (hereinafter referred to as IPC ), the same have not been registered as FIR and is registered as only Janva Jog Entry. It is further submitted that in some of the cases the concerned police/Investigating Officer has submitted A summary report, however, after submitting the A summary report, no attempts are made to find out and/or trace out the missing corpus. It is submitted that therefore, it is apprehended by the respective parents that either the concerned corpus, who is alleged to have been kidnapped has been killed and/or she has been kidnapped for illegal purpose. Therefore, it is submitted that the concerned respective police officers of concerned police stations before whom respective petitioners have lodged the FIR/Janva Jog entry/complaint be directed to produce the respective corpus before this Court and/or a suitable direction be issued to the State Government to find out the respective corpus and to produce before this Court.
[4.0] Shri Prakash Jani, learned Public Prosecutor has appeared along with respective learned Additional Public Prosecutors on behalf of the State and the respective concerned police officers of the concerned police station before whom either Janva Jog Entry is made or complaint and/or FIR has been lodged by the concerned respective petitioners.
[4.1] It is submitted by Shri Jani, learned PP along with the report of the concerned respective police officers that as such all efforts are made by the concerned police officer of the concerned police station to find out and/or trace out the missing corpus and even the accused persons with whom the corpus is alleged to have run away and/or who is alleged to have kidnapped the corpus. It is submitted that even the warrants under Section 70 of the Code of Criminal Procedure, 1973 (hereinafter referred to as CrPC ) have been obtained and public notices have also been given in the local newspaper as well as even in Doordarshan, however, all efforts have failed. It is submitted that still sincere efforts are made and continued to trace out the concerned missing corpus.
[4.2] Shri Jani, learned PP has also stated that as such the State Government has already constituted a Women Cell and Missing Cell in the CID Crimes to deal with such cases. It is also submitted that in the entire State, the State Government has established and/or constituted 26 Mahila Police Stations, who have to deal with the cases related to women. It is submitted that aforesaid cells are at present only monitoring and/or supervising such cases and as such they are also holding periodical trainings in cooperation with other NGOs. It is submitted that so far as missing cell is concerned, they are getting day to day/weekly/monthly informations/data with respect to missing children and also organizing the seminars. It is submitted that at present in the CID Crimes, women cell which is situated at Gandhinagar, there are two women PSI, one women ASI and one women police constable. It is submitted that in the missing cell of CID Crimes, Gandhinagar, there is one PI, one Head Constable and one women Police Constable and one computer operator. It is submitted that looking to increase in cases of missing persons, more particularly girls and children, to increase the staff in the missing cell and women cell of CID Crimes, a proposal is already made to the Home Department. It is submitted that a proposal is also made to increase the staff zone wise. It is submitted that as on today the missing cell and women cell of CID Crimes do not investigate such cases, however, they are at present monitoring and/or supervising such cases. It is also submitted by Shri Jani, learned PP that even the State Government has also started the website www.trackthemissingchild.gov.in to find out the missing person/child from the entire country. It is submitted that even the women cell, CID Crimes is also acting as Anti Human Trafficking Nodal Cell, who is monitoring such cases. It is submitted that however in view of shortage of staff, the investigation is at present not carried out by the women cell / missing cell of CID Crimes.
[4.3] It is further stated on behalf of the State that with respect to the cases in which the allegations are made with respect to kidnapping the minor girl and where A summaries have been filed by the concerned police officers, instructions are being issued to review such cases. Therefore, it is submitted that whatever directions are issued by this Court and/or guidance are issued, it will be accepted by the State Government and the same shall be implemented in true spirit so that the ultimate result is achieved to trace out and/or find out the concerned corpus/minor girl/girl.
[5.0] Heard the learned advocates appearing on behalf of the respective parties at length and considered the reports submitted by the respective concerned police officers of concerned police stations before whom the respective petitioners have lodged the FIR/complaint/janva jog entry. From the reports it appears that so far as the concerned police officers of concerned police stations are concerned, they seem to have tried their best to trace out the missing girl, may be minor or major and/or even the concerned accused, however, they have failed. The resultant effect is, the respective parents are still in dark and they are apprehending that either the concerned corpus is kidnapped for some illegal purpose or she might have been killed. When the State has taken the burden upon itself, the maintenance of Rule of Law and all efforts shall be made by the concerned authorities to find out and/or trace out the missing girl and even the accused. It is true that the concerned police officers of the concerned police stations before whom FIRs /complaints /janva jog entries have been made, seem to have tried their best but still the ultimate result is not achieved. This Court cannot continue to adjourn the matters and every time the similar reports are submitted that the concerned police officers have tried their best and still they have continued their efforts to find out and/or trace out the missing girl/corpus.
[5.1] It is true that the State Government has also established the missing cell / women cell in the CID Crimes to deal with such cases. However, as on today, because of the shortage of staff and/or for any other reasons, the concerned missing cell/women cell in the CID Crimes is only monitoring and/or supervising such cases. However, the said missing cell/women cell in the CID Crimes have no power to investigate and/or they are not investigating such cases.
[6.0] Having heard the learned advocates appearing for respective parties and considering the submissions made by the learned advocates appearing on behalf of the respective petitioners respective parents of the respective corpus and Shri Prakash K. Jani, learned PP, under the instructions from Shri Anil Pratham, Inspector General of Police (Women Cell & Crime), CID Crimes, Gandhinagar, State of Gujarat, it appears to the Court that if the present Special Criminal Applications are disposed with following directions and guidelines, the same shall meet the ends of justice at this stage and the same may achieve the result in finding out and/or tracing out the missing girl/concerned accused, who is alleged to have committed the offence of kidnapping, rape etc.:-
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.
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.
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.
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 the missing girl/corpus/accused.
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.
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.
[6.1] The aforesaid directions and guidelines are issued so as to see that the concerned corpus/girl, minor or major, are traced out and the concerned respective parents may know about their minor girl/girl/corpus and as soon as such missing girl/corpus are traced out and/or found out, it can be known whether such corpus/girl is in illegal custody and/or detention of the concerned persons or not and/or whether such girl/corpus is subjected to any offence related to women such as kidnapping, rape and/or human trafficking and the aforesaid directions are issued as it is reported that the concerned police officers though tried their best are unable to trace out and/or find out the missing girl/corpus despite more than six months have passed.
[7.0] With this, present Special Criminal Applications are disposed of at this stage, however, with a liberty in favour of the respective petitioners to file fresh petitions after reasonable time in case still the concerned missing girl/son/corpus is not found out and/or traced out. Registry is directed to send the writ of this order to the Principal Chief Secretary, Home Department, State of Gujarat; Secretary, Home Department, State of Gujarat and Inspector General of Police (Women Cell and Crime), CID Crimes, Gandhinagar, State of Gujarat so that necessary instructions can be issued to the concerned Dy.S.Ps. and S.Ps./Commissioner of Police as stated herein above. Registry is directed to return the amount of Rs.25,000/- to the petitioner of Special Criminal Application No.1648 of 2012, which the said petitioner has deposited on 09.07.2012 pursuant to the earlier order passed by this Court, by account payee cheque at the earliest.
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(M.R.SHAH, J.) Sd/-
(S.H.VORA, J.) Ajay Page 11 of 11