PRAFULBHAI J VAGHELA Vs. PANKAJ SRIKRISHNAKUMAR SAXENA

JUDGEMENT

(1.) 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. Long after the said incident, above-mentioned impugned FIR came to be lodged by the detective police inspector CID Crime, Gandhinagar on 7.11.2009 alleging offences punishable under Sections 304 read with Section 114 of the IPC as well as Section 23 of Juvenile Justice(Care and Protection) Act, 2000 against the petitioners.

(3.) Special Criminal Application No.770/2009 has been filed by fathers of the deceased boys praying for following relief :