VASANTIBEN JAYANTIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this case, suo motu proceeding was taken by this Court on an application accompanied by press report. According to the allegations in the letter received by this Court, the victims, i.e. two sons of the petitioner before this Court, namely Satyam and Sudhir, were held in custody by police illegally for a period of 23 days and no case was registered against the police officials.

(2.) Instead of entertaining the present petition, it is quite expedient that the allegations which are made before this Court may be translated into a complaint and submitted to the concerned Magistrate who will take appropriate steps in accordance with law after examining the complainant or otherwise, if feels expedient, send complaint for investigation. Whichever course is considered to be appropriate would be adopted by concerned learned Magistrate.

(3.) Since this Court has taken steps to deal with the matter, the learned Magistrate would not be persuaded to take a view that the complaint is belated. In that view of the matter, the matter is disposed of with a direction to the learned amicus curiae to advise the complainant to pursue with appropriate complaint which may be entertained by the learned Magistrate in accordance with law. Copies of the papers filed before this Court may be submitted to the learned Magistrate to show that the matter was pending before this Court.