FIRDAUS FAREDOON LALKAKA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP Waives service of rule for the respondent-State.

(2.) The petitioner's minor son, namely Ryan, was studying in St. Xaviers Loyola School, Ahmedabad. He being in the basketball team of the school, as per the instructions of the coach, had gone for practice in the morning on 13.11.2013 at his school. During the basketball practice sessions on that day, Mr. Ravirajsinh Chauhan, who is the Sports Teacher of the school, was elbowing and punching Ryan roughly. Despite Ryan requesting the accused-Ravirajsinh repeatedly not to play rough, to protect himself from being grievously hurt, the accused continued elbowing him. Ryan, therefore, complained to his basketball coach and told him that he does not want to play. Being offended by the same, the accused, Ravirajsinh started beating Ryan by delivering innumerable slaps and fist blows on his face, chest and kicks on his stomach. It is, further, the say of the complainant that the Principal of the school witnessed the entire incident, but, he remained a mute spectator. Thereafter, the petitioner made a request for further investigation to the concerned Court and it directed the Police Commissioner, Zone-1, to hand over the further investigation to an officer of the higher rank. Eventually, Police Inspector, Gujarat University Police Station was handed over the investigation. He filed a report on 04.04.2016 in Criminal Case No. 184 of 2014, pending before the Court of the learned Metropolitan Magistrate, Court No.13, Ahmedabad.

(3.) This Court notices that, though, having agreed to the request of the complainant, who wanted the further investigation for establishing the identity of the voice sample of the speakers from the data collected from the voice samples of, especially those mentioned at Annexure-'O', the trial Court deemed it fit not to permit the same in wake of the decision in 'AMRUTBHAI SHAMBHUBHAI PATEL VS. SUMANBHAI KANTIBHAI PATEL AND OTHERS, 2017 4 SCC 177'.