770 of 2009 filed by the two appellants as having become infructuous.
At the time of taking the attendance of the students after dinner, the watchman, one Shri Naresh Dangar, companyld number find the children and therefore had informed the said fact to Gruhapati Shri Pankajbhai Saksena.
Similarly, a press numbere was also issued in the newspapers asking for information in respect of the incident.
Sternum, both clavicles and companytal cartilages found missing.
External genetelia distended due to decomposition.
It appears that an elaborate inquiry investigation of the incident was carried out, initially, by the Sabarmati Police Station of Ahmedabad city and, thereafter, by the CID Crime Branch under the direct supervision of Deputy Inspector General of Police.
Criminal Miscellaneous Application No.
Aggrieved by the said aforesaid order dated 10.01.2011 the State of Gujarat and the parents of the deceased children Shantibhai J. Vaghela and Prafulbhai J. Vaghela have instituted the present appeals.
While the aforesaid inquiry investigation was companytinuing, the appellants Shantibhai J. Vagehla and Prafulbhai J. Vaghela instituted Special Criminal Application No.770 of 2009 in the High Court.
The present appeals seek to challenge a judgment dated 10.01.2011 passed by the High Court of Gujarat at Ahmedabad allowing Criminal Miscellaneous Application No.
The FIR lodged against the seven inmates of the Ashram, in so far as the offence under Section 304 IPC is companycerned, came to be challenged before the High Court by the accused named therein.
13519 of 2009 filed by the accused respondents herein seeking quashing of the criminal case registered against them under Section 304 of the Indian Penal Code.
By its aforesaid order the High Court has also dismissed Special Criminal Application No.
However, they companyld number be recovered till about 12.30 AM.
Skin is early peeled off at places scalp hair early peeled off.
Chest and abdominal cavity are exposed, both sides of ribs and vertebral companyumn are seen externally.
In the said application details of the incident, as numbericed above, were mentioned by the appellants who had sought an order directing the Superintendent of Police, CBI, Gandhinagar impleaded as respondent No.2 to register the criminal offence s as may be disclosed by the statements made in the application filed before the High Court and for further directions to carry out a proper investigation in respect of the incident of the mysterious death of the two children.
During the pendency of the aforesaid Special Criminal Application No.770 of 2009, FIR dated 07.11.2009 was formally lodged by one Shri H.B. Rajput, Inspector, CID Crime, Gandhinagar in the Gandhinagar Police Station in respect of the incident alleging companymission of offences under Section 304/34 of the Indian Penal Code and Section 23 of the Juvenile Justice Care and Protection Act.
Rest of abdominal organs are missing.
The companye facts in which the aggrieved parties had moved the High Court may number be numbericed The appellants Shantibhai J. Vaghela and Prafulbhai J. Vaghela, who are related to each other, are the fathers of one Dipesh born 1998 and Abhishek born 1999 .
On 03.07.2008 both the children had gone to the dining hall of the Gurukul at about 8.00 PM to have their dinner.
The appellants insisted that the Ashram should inform the police about the disappearance of the two children.
In the companyrse of the aforesaid inquiry investigation summons under Section 160 of the Code of Criminal Procedure were issued to Journalists of different newspapers as well as the electronic media to gather information with regard to the incident in question.
13519 of 2009 filed by the aforesaid accused was heard along with Special Criminal Application No.
Both the upper limbs are missing with scapulae.
770 of 2009 filed by appellants Shantibhai J. Vaghela and Prafulbhai J. Vaghela.
RANJAN GOGOI, J Leave granted.
In the companyrse of the inquiry, statements of the several inmates of the Ashram were recorded.
Of particular significance would be the examination of one Hetalben Swarupbhai who had first numbericed the dead bodies floating in the Sabarmati river at about 10.00 AM of 04.07.2008.
Both the appellants Shantibhai B. Vaghela and Prafulbhai J. Vaghela immediately came to the Gurukul and after meeting Pankajbhai Saksena and some other persons working in the Gurukul, the appellants went in search of the missing children.
Mass of tissue line attached with neck companytain trachea, oesophagus part of both lungs heart companyered with peri cardium and part of stomach.
Seven inmates of the Ashram were named as the accused who were suspected to be involved with the offences alleged.
The High Court by the aforementioned order also disposed of Special Criminal Application No.
The dead bodies were promptly sent for post mortem examination and, thereafter, were handed over to the respective families for cremation.
The aforesaid two children were admitted in Class VI and V respectively in a Gurukul located in an Ashram of Sant Shree Asharamji situated at Motela.
770 of 2009 filed by the appellants, Shantibhai J. Vaghela and Prafulbhai Vaghela, seeking investigation of the aforesaid case against the accused by the Central Bureau of Investigation.
On receipt of the said information the aforesaid person, i.e. Pankajbhai Saksena companytacted the appellant Prafulhai J. Vaghela on telephone to companyvey the information that the children were number to be found in the Gurukul.
It appears that there was a public out cry over the incident and the State Government by Notification dated 21.07.2008 appointed a Commission of Inquiry companysisting of a retired Judge of the High Court of Gujarat.
At the suggestion of Shri Pankajbhai Saksena that the children may have gone to sleep in some other place the search for the children was abandoned and resumed at about 6.00 AM of the following morning, i.e., 04.07.2008.
Skin and soft tissue in lower part of right leg missing under line bones exposed.
Though the search had companytinued throughout the day the children companyld number be located.
However, the Ashram authorities avoided doing so on one pretext or the other and eventually the appellants themselves informed the companycerned police station at about midnight of 04/05.07.2008.
Both the applications were disposed of by the High Court by the impugned order dated 10.01.2011.
On 05.07.2008 at about 6.30 PM the dead bodies of the children were found from the bed of the river Sabarmati which was located by the side of the Ashram.
Distal part of right foot including toes missing, metatarsals are exposed.
They were residing in the Gurukul of the Ashram.
