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SCR.A/2356/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2356 of 2010
=========================================================
DEVENDRA
@ DEVO S/O MUTTUVEL ADIDRAVID - Applicant(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
YV BRAHMBHATT for
Applicant(s) : 1,
MR. L.B. DABHI, APP, for Respondent(s) : 1,
DS
AFF.NOT FILED (N) for Respondent(s) : 2,
NOTICE NOT RECD BACK for
Respondent(s) : 3 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 03/12/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
1. Mr.
L.B. Dabhi, learned APP, upon instructions received from P.L.
Makwana, Police Inspector, Railway Police Station, Sabarmati,
Ahmedabad, who is personally present before this Court, states that
in compliance with the order dated 1.12.2010, he has brought the
corpus Padmini who is, at present, in custody of respondent No. 3 –
Women Protection Home, Near Bhikshuk Gruh, Odhav, Ahmedabad, and he
wants to produce the corpus before this Court. We have permitted him
to produce the corpus.
2. Before
ascertaining her wish and willingness, according to us, it is
necessary to ascertain the age of the corpus
as there are two versions. According to the petitioner, the corpus is
major whereas according to respondent No. 4, the corpus is minor.
3. As
per the Birth Certificate produced at Annexure-C to this petition
issued by the Registrar of Birth, Kalol Taluka, District Gandhinagar,
the date of birth of corpus Padmini is shown as 5.1.1993 whereas the
registration date is shown as 9.1.989.
4. On
perusal of the said Birth Certificate it is seen that initially the
Birth date was mentioned as 5.1.1989 but thereafter by doing
over-writing it has been made as 5.1.1993.
5. We,
therefore, direct Mr. L.B. Dabhi, learned APP, to collect the
original record of the Birth date of corpus Padmini from the Birth
Register of Kalol Taluka and produce the same before this Court so
that this Court can ascertain her correct birth date. On production
of the same, her wish and willingness can also be ascertained.
6. We,
therefore, adjourn this matter to 7.12.2010.
7. The
corpus, namely, Padmini who is at present in the custody of
respondent No. 3 – Women Protection Home, Near Bhikshuk Gruh, Odhav,
Ahmedabad, shall remain with the same institution till the next date
of hearing.
8. The
corpus will be produced before this Court on the next date of
hearing.
(A.M.
KAPADIA, J)
(BANKIM N. MEHTA, J)
(pkn)
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