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SCR.A/1940/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1940 of 2008
=========================================================
GAJENDRASINH
MAFAJI VIHOL - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
HM PARIKH for
Applicant(s) : 1,
Mr.Dabhi,
APP for
Respondent(s) : 1,
DS
AFF.NOT FILED (N) for
Respondent(s) : 2
- 3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE SHARAD D.DAVE
Date
: 23/10/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.R.VORA)
Today,
Mr.K.K.Parmar, P.S.I. Mansa Police Station produced corpus of
Nikitaben before this Court. The matter was taken in the chamber in
the presence of learned A.P.P.Mr.Dabhi in charge of the matter and
learned A.P.P.Ms.Raval. We inquired from corpus Nikitaben that
whether she has married to the petitioner. She stated that her date
of birth is 8.10.1986 and that she is married to the petitioner. She
expressed her wish to go with the petitioner being her husband. Her
father respondent no.3 party in person is present before the Court
and when in his presence, the corpus expressed her wish to go with
the petitioner, party in person Manubhai attempted to disrupt the
Court proceedings, he was warned for this.
The
petitioner as well as learned advocate for the petitioner Mr.Parikh
both are present and the learned advocate for the petitioner was
heard.
In
view of the above, since Nikita is married and she expressed her wish
to go with the petitioner and when she is free to go anywhere being
free citizen of India, she may go with the petitioner.
At
this juncture, Nikita asked protection till she reaches to her
destination along with the petitioner. Learned A.P.P.Mr.Dabhi as well
as Mr.Parmar, P.S.I. Mansa Police Station are directed to see that
Nikita reaches to her destination safely. This petition stands
disposed of. Notice discharged. The amount of Rs.10,000/- deposited
by the petitioner is directed to be refunded to him by the Registry.
(
J.R.VORA, J )
(
SHARAD D DAVE, J )
pathan
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