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2011 Supreme(Guj) 7

AKIL KURESHI
Prafulbhai J. Vaghela – Appellant
Versus
Pankaj Srikrishnakumar Saxena, Gruhpati – Respondent


Advocates:
Appearance :
Mr. Subramaniam Iyer, for the Applicant No. 1 – 2. (CR.MA No. 564/2010)
Mr. S.B. Vakil, with Mr. C.B. Gupta, for the Respondent No. 1 – 7. (Cr. M.A. No. 13519/2009 & SCR A No. 770/2009).
Mr. P.K. Jani, GP, for the Respondent No. 8.
Mr. Y.N. Ravani, for the Respondents No. 9 - 10.

Judgment

Akil Kureshi, J.—The petitioners of Criminal Misc. Application No. 13519/2009 are the original accused in FIR bearing C.R. No. 13/2009 dated 7.11.2009 registered before Gandhinagar zone police station. They shall in this order be referred to as the petitioners. The incident referred to in the said FIR pertains to unfortunate death of two young inmates who went missing from Gurukul situated at Motera village, in the outskirts of Ahmedabad known as Sant Shri Asaramji Ashram. The petitioners pray for quashing of the said complaint on various grounds.

2. It is not in dispute that two young boys namely, Dipesh Prafulbhai Vaghela aged 11 years and Abhishek Shanitlal Vaghela aged about 10 years who were cousin brothers were admitted in the said Gurukul on 1.6.2008 in standard 6th and 5th respectively. It is also not in dispute that in the late evening of 3.7.2008, these boys went missing from the school. After lot of efforts to search them, on 5.7.2008 at about 18:30 hours, their dead bodies were found close to Sabarmati river flowing behind the Gurukul Ashram. The mysterious disappearance of these two young boys and their ultimate death received considerable public attention. Lon













































































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