1. In this petition under Article 226 of the Constitution of India a prayer is made by the petitioners seeking direction against respondent Nos.1 to 5 to investigate the allegations pursuant to the applications and complaint filed and further to provide security to the petitioners and their family members so that they can safely reside at their village Kharod, Taluka and District: Dahod and cultivate their agricultural land situated there.
2. Considering the nature of allegations levelled in the petition and submissions made by learned advocate for the petitioners on 25.1.2012 this Court passed following order:
" Heard the learned advocate for the petitioners and the petitioners in person who are present in the Court.
Learned APP seeks time to obtain instructions.
However, upon consideration of peculiar facts of the case and the submissions made by the learned advocate for the petitioners and the petitioners in person who are present in the Court, the following directions are issued:
[a] The concerned District Superintendent of Police, Dahod, is directed to depute a Senior Police Officer of Dahod to record statements of respondent Nos.6 to 20, against whom, allegations are levelled of ousting the petitioners to grab their ancestral land in a tribal area and branding petitioner No.2 as 'witch' against all canons of ordinary human dignity.
[b] The petitioners are out of village Kharod and, as and when they return to their native, necessary police protection be provided to them, and timely action in accordance with law be taken against the erring private respondents.
Copy of this order be given to the learned APP for due compliance.
S.O. To 10.2.2012."
3. In answer to the above, Dy. Superintendent of Police, Dahod placed on record a communication dated 9.2.2012 addressed to learned Asst. Pubic Prosecutor, High Court of Gujarat wherein it is stated that Executive Magistrate and Mamlatdar, Dahod in exercise of powers under Sections 107 and 116(3) of Cr.P.C. has taken a good behaviour bond. Further, the in-charge of SRP Group deputed at Village Kharod, pursuant to communal disturbance, is instructed to provide necessary protection and if the petitioners would like to return to their native at Kharod, Taluka and District Dahod it would be open for them to contact the concerned police station Dahod Rural and the police authority shall consider their request and provide safety to them.
4. In the above circumstances, at this stage, no further direction can be given keeping it open for the petitioners to return to their native at Kharod and to cultivate their agricultural land.
5. In view of the above, this petition is disposed of at this stage.
[ANANT S. DAVE, J.] //smita// Top