SANGEETABEN ARVINDBHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the order dated 30th January, 1997, passed by the learned Metropolitan Magistrate, Ahmedabad, Court No.9, in the matter of C.I.D. Crime, Gandhinagar Zone Police Station Crime Registration No. 13/97, the present petitioner has filed the present Revision Application.

(2.) That vide impugned order, the learned Metropolitan Magistrate has granted remand custody of the present petitioner for four days. It may be noted that after the pronouncement of the order by the learned Metropolitan Magistrate, Ahmedabad, Court No.9 on 31st January. 1997, an application was moved on behalf of the present petitioner, requesting the court to suspend the operation of the order for a period of 7 days as petitioner as an accused of the said matter, desired to approach higher forum. That thereby vide further order, learned Metropolitan Magistrate suspended the operation of the order till 5th February. 1998. That the present petitioner has lodged the petition on 2nd February, 1998 and it was notified for urgent hearing on 3rd February. 1998. Initially, notice was issued to respondent and service of which was waived by the learned APP appearing in this Court and matter was fixed for hearing on 5th February. 1998. That on 5th February. 1998, on account of continuous hearing of part heard matters, the hearing of the present matter could not be taken up. Therefore the operation of the impugned order was stayed till 11-2-1998 and thereafter till today.

(3.) The present petitioner is an employee of Vaishali Emporium, situated on C.G. Road. Ahmedabad. That the management of said Vaishali Emporium had organised a sale of sari at Surat from 11-8-1997 and as such the employees including the present petitioner of said Vaishali Emporium, had gone to Surat. One Sushma Vaidya, who happens to be the Managing Director of the said Vaishali Emporium, had also attended the said sale at Surat on or about 12th August. 1997 to 14th August, 1997 and thereafter she was reported to be missing. That on the complaint of relative of said Sushma Vaidya. CID Crime. Ahmedabad had registered offences vide Crime Register No. 1-13 of 1997 under Sees. 120-B. 364, 302 and 201 against one Surendra alias Sunder Nandkishore Agarwal (2) Manjubeen Surendra Agarwal (3) Anil Gupta of Surat; (4) Sunil Gupta of Surat and (5) Driver Ramchandra and has started investigation. That during the course of investigation, police recovered the skeleton of the dead body of said Sushma Vaidya. That during further investigation, it was revealed that deceased Sushma Vaidya occupied Room No. 204 of Hotel Everyday Inn at Surat. It is also revealed from the investigation that dead body of Sushma Vaidya was found hanging from a fan in the said Room No. 204 of Hotel Everyday Inn. on or about 16th August. 1997. According to Investigation Agency the accused had arranged to remove the dead body of decease Sushma from Room No. 204 of Hotel Everyday Inn under the pretext that a staff-member of Vaishal Emporium having taken ill and was being taken from the hotel for treatment. It was further revealed that dead body of deceased Sushina was taken in a car on a Highway leading from Bombay to Vapi and near Vapi, the dead body was burned by petrol and was buried near the toad side.