IMPORTANT POINT
Fresh investigation when warranted.

JUDGMENT

Ranjan Gogoi, J.-Leave granted.

2. The present appeals seek to challenge a judgment dated 10.01.2011 passed by the High Court of Gujarat at Ahmedabad allowing Criminal Miscellaneous Application No. 13519 of 2009 filed by the accused (respondents herein) seeking quashing of the criminal case registered against them under Section 304 of the Indian Penal Code. By its aforesaid order the High Court has also dismissed Special Criminal Application No. 770 of 2009 filed by the appellants, Shantibhai J. Vaghela and Prafulbhai J. Vaghela, seeking investigation of the aforesaid case against the accused by the Central Bureau of Investigation. The High Court has, however, directed that the proceedings against the accused –respondents so far as the offence under Section 304A of the IPC and Section 23 of the Juvenile Justice (Care and Protection) Act, 2000 may continue.

3. The core facts in which the aggrieved parties had moved the High Court may now be noticed: The appellants – Shantibhai J. Vaghela and Prafulbhai J. Vaghela, who are related to each other, are the fathers of one Dipesh (born 1998) and Abhishek (born 1999). The aforesaid two children were admitted in Class VI and V respectively in a Gurukul located in an Ashram of Sant Shree Asharamji situated at Motela. They were residing in the Gurukul of the Ashram. On 03.07.2008 both the children had gone to the dining hall of the Gurukul at about 8.00 PM to have their dinner. At the time of taking the attendance of the students after dinner, the watchman, one Shri Naresh Dangar, could not find the children and therefore had informed the said fact to Gruhapati Shri Pankajbhai Saksena. On receipt of the said information the aforesaid person, i.e. Pankajbhai Saksena contacted the appellant – Prafulhai J. Vaghela on telephone to convey the information that the children were not to be found in the Gurukul. Both the appellants – Shantibhai B. Vaghela and Prafulbhai J. Vaghela immediately came to the Gurukul and after meeting Pankajbhai Saksena and some other persons working in the Gurukul, the appellants went in search of the missing children. However, they could not be recovered till about 12.30 AM. At the suggestion of Shri Pankajbhai Saksena that the children may have gone to sleep in some other place the search for the children was abandoned and resumed at about 6.00 AM of the following morning, i.e., 04.07.2008. Though the search had continued throughout the day the children could not be located. The appellants insisted that the Ashram should inform the police about the disappearance of the two children. However, the Ashram authorities avoided doing so on one pretext or the other and eventually the appellants themselves informed the concerned police station at about midnight of 04/05.07.2008. On 05.07.2008 at about 6.30 PM the dead bodies of the children were found from the bed of the river Sabarmati which was located by the side of the Ashram. The dead bodies were promptly sent for post-mortem examination and, thereafter, were handed over to the respective families for cremation.

4. It appears that there was a public out cry over the incident and the State Government by Notification dated 21.07.2008 appointed a Commission of Inquiry consisting of a retired Judge of the High Court of Gujarat. It appears that an elaborate inquiry/investigation of the incident was carried out, initially, by the Sabarmati Police Station of Ahmedabad city and, thereafter, by the CID Crime Branch under the direct supervision of Deputy Inspector General of Police. In the course of the inquiry, statements of the several inmates of the Ashram were recorded. Of particular significance would be the examination of one Hetalben Swarupbhai who had first noticed the dead bodies floating in the Sabarmati river at about 10.00 AM of 04.07.2008. In the course of the aforesaid inquiry/investigation summons under Section 160 of the Code of Criminal Procedure were issued to Journalists of different newspapers as we