DEVIDAS PYARELAL SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following substantive relief: -

(2.) THE facts of the case stated briefly are that one Maheshbhai Pyarelal Sharma, brother of the petitioner had lodged the aforesaid First Information Report being Ankleshwar Rural Police Station I C.R. No.91/07 alleging commission of the offence punishable under sections 323, 324, 504 and 114 of the Indian Penal Code against one Jagdishbhai and three other accused persons. According to the petitioner, though it was specifically alleged that Maheshbhai had been kidnapped and assaulted and had sustained grievous injury viz. ten stitches on the head, several injuries on the leg with crushed fracture on hip bone, the Ankleshwar police had registered the offence punishable under sections 326, 325, 504 and 114 of the Indian Penal Code. According to the petitioner, the police is acting in collusion with the said Jagdishbhai Patel, who is a millionaire and has great influence with the police and politicians. It is alleged in the present petition that initially Maheshbhai alone was kidnapped and could be traced out only after a few days and was found to have been admitted in some hospital with serious injuries and nobody knew as to who had brought him to the hospital. That even hospital authority did not inform the police in this regard. Thereafter, after a month or more, the said Jagdishbhai along with two police personnel and four to five persons had come in a tempo trax vehicle and beaten and forcibly kidnapped not only Maheshbhai but his wife Ranjanben and young daughter Dipika aged 18 years and till date, their whereabouts have not been traced. According to the petitioner, he had made a complaint in this regard to the higher authority i.e. D.S.P., Himmatnagar and PI, Kapodara Police Station. However, till date, no effective steps have been taken by any of the authorities to trace out the three family members of the petitioner. According to the petitioner, he has filed the present petition because till date his brother Maheshbhai, his wife Ranjanben and daughter Dipika are missing and the petitioner apprehends that the police would close the chapter.

(3.) HEARD Mr. N.M. Kapadia, learned advocate for the petitioner and Mr. L.B. Dabhi, learned advocate for the respondent state authorities.