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2015 DIGILAW 438 (GUJ)

SAVITABEN LALSINGBHAI CHOPDA v. STATE OF GUJARAT

2015-04-16

G.B.SHAH, JAYANT PATEL

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JUDGMENT : JAYANT PATEL, J. 1. On 15-4-2015, the following order was passed: “1. This Court, on 09.04.2015, had passed the following order - “1. The present petition has been preferred by the petitioner mother to set her daughter free on the allegation that she has been wrongfully confined by respondent No. 3 Sureshbhai Koyabhai Dama. 2. Pursuant to earlier order passed by this Court, corpus Rekhaben is present with police officer Shri R. G. Chudasama, PSI, LCB and lady constable, buckle No. 758. 2.1 We have inquired about free will and desire of the corpus. She has declared before us that she has voluntarily gone with Suresh and she desires to stay with Suresh and she is desirous to stay with the family of Suresh. Upon she being informed that Suresh is in jail, she has stated that she is desirous to stay with mother of Suresh and not with the petitioner or her family. 2.2 The police officer has reported that Ossification Test is yet to be undertaken. 3. In view of the above, we direct the police officer respondent No. 2 to undertake the Ossification Test of the corpus and the report shall be produced on 15/04/2015. Since, at present, the whereabouts of the mother of Suresh is not known and the corpus is not desirous to stay with the family of the petitioner, she will be kept with Women Protection Center at Godhra. On 15/04/2015 at 2:30 p.m., the corpus shall be produced and the police officer shall locate the mother of Suresh and he shall ensure that the mother of Suresh remains present before this Court on that day. 3.1 It is also observed and directed that if the bail application is preferred by Suresh or on his behalf, the police officer shall produce the copy of this order before the concerned Court or the Magistrate for consideration. 3.2 Stand over to 15th April 2015.” 2. It is surprising that in spite of specific order passed in presence of the police officer and the learned APP, the corpus is produced today by Mr. P.L. Vaghela, PSI, Santrampur Police Station with Lady Constable, Buckle No.715. The another aspect is that the ossification test, inspite of the direction issued by this Court, has not been undertaken. It is surprising that in spite of specific order passed in presence of the police officer and the learned APP, the corpus is produced today by Mr. P.L. Vaghela, PSI, Santrampur Police Station with Lady Constable, Buckle No.715. The another aspect is that the ossification test, inspite of the direction issued by this Court, has not been undertaken. Not only that but the corpus was to be kept in the Women Protection Centre, Godhra, but when we inquired from the corpus and the said aspect is confirmed by the police officer who is present in the Court that the corpus was not kept in the Women Protection Centre, Godhra, but as medical test was to be conducted, she was initially kept in State Hospital at Santrampur and thereafter, kept at Civil Hospital, Vadodara. 3. We find that the aforesaid conduct on the part of the concerned police officer appears to be in contravention to the order of this Court. Hence, we direct the concerned District Superintendent of Police, Mahisagar, to remain present tomorrow at 12.00 PM. It is further directed that the ossification test of the corpus shall now be undertaken at Civil Hospital, Sola and report shall be produced tomorrow. Till tomorrow, the corpus shall be kept in the Women Protection Centre, Odhav. The report shall be produced tomorrow at 12.00 PM. The District Superintendent of Police shall also explain as to why inquiry should not be ordered against the concerned erring police officer. S.O. to 16.04.2015. 4. Mr.Soni, learned APP as well as the police officer shall convey the order to the concerned District Superintendent of Police immediately.” 2. Pursuant to the above referred order, today the Superintendent of Police, Mahisagar, as well as Mr.J.K.Patel, Police Inspector and Mr. R.G.Chudasama, PSI, are present. 3. As directed earlier, ossification test has been undertaken and as per the ossification test, the doctor has opined the age of corpus of 18 to 19 years. 4. We have today further inquired about free will and desire of the corpus. She is in two minds. At one point of time, she expressed the view that she was desirous to stay with the family of Suresh since she had gone voluntarily. Today, she has stated that she is desirous to stay with her mother. The mother of the corpus is not present. Her advocate, Mr.Bharda is present. 5. She is in two minds. At one point of time, she expressed the view that she was desirous to stay with the family of Suresh since she had gone voluntarily. Today, she has stated that she is desirous to stay with her mother. The mother of the corpus is not present. Her advocate, Mr.Bharda is present. 5. It appears to us that corpus is unable to state clearly as to whether she is desirous to stay with her parents or with the family of Suresh. Under these circumstances, in order to maintain safety and allow the corpus to have some time to think properly, we find that it would be appropriate if the corpus is kept for the present at Women Protection Centre/Nari Suraksha Gruh, Godhra. It will be the duty of Superintendent of Women Protection Centre as well as the concerned Officer of the nearest Police Station to ensure that she remains in safe condition. 6. After some time, if corpus is desirous to stay with her parents or to stay with Suresh, it will be open for her to move appropriate application to this Court which will be considered in accordance with law. 7. On the aspects of non-compliance to the order passed by this Court and recorded in the above referred order dated 15-4-2015, it has been stated by Superintendent of Police that the inquiry is ordered to be initiated and the report is to be received. She has stated that Mr. A.L.Waghela, Deputy Superintendent of Police, has been assigned with the inquiry. 8. As the Superintendent of Police has initiated the inquiry of her own considering the observations made by this Court, we find that at present, we may not pass further order in this regard. However, the inquiry shall be completed within three months and the report shall be submitted to the Registrar General of this Court. If the report is not submitted by the Superintendent of Police, office shall place the matter for further order. 9. Under the circumstances, subject to the aforesaid observation and direction, the petition is disposed of at this stage. Rule is discharged. If the report is not submitted by the Superintendent of Police, office shall place the matter for further order. 9. Under the circumstances, subject to the aforesaid observation and direction, the petition is disposed of at this stage. Rule is discharged. However, as recorded by us earlier, since the corpus had gone voluntarily with Suresh and her age is found to be of 18 to 19 years as per the ossification test, the said aspect is taken note of and in the event Suresh submits any bail application before the concerned Court, it will be the duty of the Police Officer investigating the matter to produce the copy of the order in the said bail application proceedings. Liberty shall reserve to the parties as observed in the present order.