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SCR.A/727/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 727 of 2010
=========================================================
MANILAL
SOMABHAI VALAND - Applicant(s)
Versus
STATE
OF GUJARAT & 8 - Respondent(s)
=========================================================
Appearance
:
MR
PRATIK B BAROT for
Applicant(s) : 1,
MR LR PUJARI, LD. ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
RULE SERVED BY DS for Respondent(s) : 2,
RULE
NOT RECD BACK for Respondent(s) : 3 -
9.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 04/05/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present petition is filed by the petitioner-father to set his
daughter Jalpa free on the allegation that she has been wrongly
confined by the respondent no.4 Kalpesh Mansukhbhai Panchal.
Pursuant
to the earlier order passed by this Court, corpus-Jalpa is present
with the Police Officer Shri K.B. Zala, Police Sub Inspector of
Mandal Police Station.
We
have inquired about the freewill and desire of corpus. She has
declared before us that she has voluntarily left the home with
boy-Kalpesh Panchal and she has also married with Kalpesh. She has
stated that she is desirous to stay with her husband-Kalpesh
Panchal. She has also stated before us that she has not taken any
money or any ornaments from the home and even in the affidavit,
which is tendered, it has been stated that she has left the house
without any cash or kind.
The
petitioner-Manilal Somabhai Valand is also present. The aforesaid is
explained to him. He has stated that if she is desirous to stay with
her husband, he has nothing to say.
The
aforesaid shows that only with a view to harass the corpus-Jalpa,
the application has been made by the father-petitioner herein to the
Police Authorities and the copy forwarded to the Deputy
Superintendent of Police.
In
above view of the matter, we set corpus-Jalpa free. She will be at
the liberty to stay with her husband. The Police Officer shall see
that based on the present order, if any complaint is filed, the same
is disposed of in terms of the order passed by this Court. The
concerned Police Officer is directed to ensure that corpus-Jalpa is
left at her husband’s place at Chandlodia, Ahmedabad.
The
amount of Rs.5,000/- (Rupees Five Thousand Only) shall be paid by
the office to corpus-Jalpa by Account Payee cheque under due
authority of the concerned advocate.
The
Application is allowed to the aforesaid extent. Rule is made
absolute.
(Jayant
Patel, J)
(Z.
K. Saiyed, J)
Anup
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