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SCR.A/1615/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1615 of 2008
=========================================
KISHORBHAI
BHIKHABHAI PARMAR
Versus
STATE
OF GUJARAT & ORS
=========================================
Appearance :
MR
MEHUL M MEHTA for Applicant
MR KC SHAH APP for
Respondent No. 1
None for Respondents No. 2,4 - 8.
NOTICE
SERVED for Respondent No. 3
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 08/09/2008
ORAL
ORDER
:(Per : HONOURABLE MR.JUSTICE
J.R.VORA)
Today,
in pursuance of our Order dated 13th of August, 2008,
corpus Manaliben, on her own, is present before the Court.
Mr.
R.V. Ninama, PSI, Gujarat University Police Station along with Woman
Constable Lilaben are present. Learned Advocate Mr. Mehul M Mehta,
for the applicant and learned Advocate Mr. A.R. Lakhia for
respondents No. 5 to 8 are also present. Learned APP Mr. K.C. Shah,
In-charge of the matter along with learned APP Mr. L.B. Dabhi, both
are present.
In
presence of all, Manaliben, who was made aware of the pleadings and
facts of this Application and on inquiry, states that her date of
birth is 25th of October,1989 and that on her own
volition, she has entered into marriage with one Ajay Bhavsar –
Respondent No.5 herein. She submits a copy of the Marriage
Certificate and Affidavit, which are taken on record. She was, in
presence of the learned Advocate for the applicant, asked whether she
had informed her father – applicant on land line phone on 01st
of August, 2008 about 3.45 am and had conveyed to her father that
Ajay Bhavsar had kidnapped her and detained her to some unknown
place. She flatly denies the allegations made in the petition and
this fact.
Manaliben
has expressed her wish to go with her husband – Ajay Bhavsar, who is
present before the Court. Manaliben is major and she is free to go
anywhere she wishes.
We
have found allegations made in the petition to be false and not true.
In this respect, learned Advocate for the applicant Mr. Mehul M.
Mehta was heard and he states that ultimately the applicant is
father of the girl and there cannot be any intention of the father
except to bring the corpus and ascertain the wishes of his daughter.
We also made aware to the learned Advocate for the applicant that we
are inclined to saddle the applicant with cost for putting the law
wrongly in motion and when the facts of the petition were not found
correct.
In
view of above, this petition stands disposed of. Notice is
discharged. Manaliben is free to go with Ajay Bhavsar. Woman
Constable Lilaben and Mr. R.V. Ninama, PSI, Gujarat University Police
Station will see to that Manaliben reaches to her destination
safely. In above view of matter, applicant is directed to pay cost
of Rs. 10,000/- for filing such application within 10 days from
today before the Registry of this Court, failing which, the Registry
shall take appropriate proceedings against the applicant without
referring to this Court. In case of depositing the amount within the
stipulated time, the amount shall be made over to the High Court
Legal Aid Committee.
(J.
R. VORA, J.)
(Z.K.SAIYED,
J.)
pnnair
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