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Pathan Haiderkhan Rehmatkhan vs State Of Gujarat

High Court Of Gujarat|01 October, 2023
1. In this matter, rule was issued on 26.07.2019 and now, it is more than a year has passed, but, the corpus is not found, yet. The last order passed by this Court on 11.03.2020, reads thus:
that appears to be no whereabouts of the corpus. The details of investigation have been furnished to this Court. It appears that warrant is issued under Section 70 of the Code of Criminal Procedures has also not been executed for the reasons stated in the said report.
2. We noticed that the Anti Human Trafficking Cell is looking-
after this matter. The corpus appears to have turned 18 years. Let aid of Cyber Cell also be taken by this cell. Any other aid is required from the senior police officer, the same be requested for and let necessary assistance be rendered for complying with the order of this Court of bringing the corpus before it.
3. The action taken report, on the next date of hearing, when is submitted, the same is vetted by the Superintendent of Police of the concerned district.
4. Let the matter appear on 24.03.2020."
2. Before this Court could take-up this matter for hearing, learned APP submits that after the corpus turned major, she got married with respondent No.4, who is the resident of Village: Aamja, District: Mehsana. It is also urged that the petition, which has been filed, seeking stay of the criminal prosecution, is also filed by respondent No.4 and the corpus is, nowhere, in picture. He, therefore, insisted on the corpus being produced before this Court, as her whereabouts is not known to anyone, till date.
3. Noticing the fact that the rule was issued almost a year back, i.e. in July, 2019, and thereafter, on various occasions, this Court issued directions to the authorities concerned to produce the corpus, which never could be fructified, as a last chance, 15 days' time is granted to the SP, Mehsana, to OVERSEE and supervise the investigation in this matter.
R/SCR.A/7670/2019 ORDER
4. We also notice that the learned Advocate, Mr. Kazi, appears for the family of respondent No.4. However, in reply to a specific query of this Court, he says that he is unable to establish contact with the family and to produce the corpus before this Court.
5. S.O. to 14TH SEPTEMBER, 2020.
(SONIA GOKANI, J) (N.V.ANJARIA, J) MISHRA AMIT V./UMESH Page 3 of 3 Downloaded on : Sun Aug 30 17:25:08 IST 2020
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  • Sonia Gokani
  • N V Anjaria