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2017 Supreme(Guj) 761

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. Pardiwala, J.
Kavinaben Tejasbhai Sayar - Appellants
Vs.
State of Gujarat and Ors. - Respondent
Special Criminal Application (Direction) No. 1791 of 2017
Decided On : 12-04-2017

Advocates Appeared:
For the Appellant : Bharat B. Naik, Mehul H. Rathod
For the Respondents: Mitesh Amin

Headnote:

Constitution of India – Article 226 – Yours Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus directing the respondent No. 1 to set up the Special Investigation Team chaired by a Lady Police Officer of the rank of Inspector General or Dy. Inspector General who is serving outside the Kachchh District and manned by such officers who are serving outside the Kachchh District for investigation of the offence in pursuance of the FIR – Your Lordships may be pleased to issue an appropriate writ, order or direction, directing the respondents to transfer the investigation to other investigating agency viz. CID, (Crime) led by a female investigating officer and/or to the Centre Bureau of Investigation, Gandhinagar with a further direction to submit regular reports of progress in the investigation to this Honble Court –Held, victim is very much sure about a person by name Vipul Thakkar and a lady known as Bhabhi involved in the sex racket.Court expect the Special Investigation Team to gear up the investigation and try to gather the information in this regard so that both the persons can be identified and put to trial. Court propose to give one more opportunity to the Special Investigation Team to look into all the aspects which have been highlighted by the victim in her affidavit-in-rejoinder and see to it that the deficiencies or the loopholes taken care of and cured in accordance with law. Any dereliction of duty, in this regard, will be viewed very strictly and the erring officers concerned may be personally held responsible for the same in accordance with law – Application is disposed.

JUDGMENT :

J.B. Pardiwala, J.

1. By this writ application under Article 226 of the Constitution of India, the writ applicant, a victim of rape, has prayed for the following reliefs:

"10(A) Yours Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus directing the respondent No. 1 to set up the Special Investigation Team chaired by a Lady Police Officer of the rank of Inspector General or Dy. Inspector General who is serving outside the Kachchh District and manned by such officers who are serving outside the Kachchh District for investigation of the offence in pursuance of the FIR;

OR IN THE ALTERNATIVE

(B) Your Lordships may be pleased to issue an appropriate writ, order or direction, directing the respondents to transfer the investigation to other investigating agency viz. CID, (Crime) led by a female investigating officer and/or to the Centre Bureau of Investigation, Gandhinagar with a further direction to submit regular reports of progress in the investigation to this Hon'ble Court.

(C) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus directing the respondent No. 1 to register the FIR against the persons who have disclose the identity of the petitioner in the press conferences and against the persons who are present in the said press conferences;

(D) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus directing the respondents to register FIR against the persons who are pressurizing/threatening the petitioner and her family members for destroying the case in pursuance of FIR by not giving correct information to the investigating officer.

(E) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or directing in the nature of mandamus in the nature of mandamus directing the respondent No. 4 immediately to carry out the interrogation of Ms. Payal of Nalia and of Mr. Atul Thakkar of Bhuj on the basis of the information provided by the informant to the investigating officer and with further direction to initiate proceedings for their arrest and further directed to submit report to this Hon'ble Court;

(F) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or directing in the nature of mandamus directing the respondent No. 1 to cause departmental inquiry against the officer of respondent No. 2 to 4 for not obeying the mandatory provisions of Section 157(1) of Cr.P.C. and for registering the FIR late with a direction to take appropriate disciplinary proceedings against the arraying officers;

(G) During pendency and final hearing of this petition Your Lordships may be pleased to direct the respondent authorities to submit their action taken report before this Hon'ble Court for passing further interim directions;

(H) Your Lordships may be pleased to pass such other and further order in the interest of justice which may be deed fit to this Hon'ble Court."

2. Let me preface my judgment with a recent pronouncement of the Supreme Court in the case of Dharam Pal vs. State of Haryana and others [Criminal Appeal No. 85 of 2016 decided on 29th January 2016]. His Lordship Justice Dipak Mishra observed as under:

"2. Cry for fair trial by the accused as well as by the victim sometimes remains in the singular and individualistic realm, may be due to the perception gatherable from the facts that there is an attempt to contest on the plinth of fairness being provoked by some kind of vengeance or singularity of "affected purpose"; but, irrefutably a pronounced and pregnant one, there are occasions when the individual cry is not guided by any kind of revengeful attitude or anger or venom, but by the distressing disappointment faced by the grieved person in getting his voice heard in proper perspective by the authorities who are in charge of c























































































































































































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