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CR.MA/8741/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8741 of 2008
==========================================
JITEN
@ JITU MAHESHBHAI SHARMA & ANR
Versus
STATE
OF GUJARAT & ORS
==========================================
Appearance
:
MR RJ GOSWAMI for
Applicants:1-2
Mrs.M.L.SHAH ADDL.PUBLIC PROSECUTOR for
Respondent:1
None for
Respondents:2-4
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CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 04/07/2008
ORAL ORDER
Heard
Mr.R.J.Goswami, learned Advocate for the petitioners.
The
learned Advocate for the petitioners has submitted that the First
Information Report in question has been lodged by the father of the
petitioner No.2 alleging offences punishable under sections 366,
504, 506(2) 379 and 114 of the Indian Penal Code, 1860, (‘IPC’),
stating that the accused No.1 had enticed his daughter and taken her
away so as to enable the accused No.1 to marry her. It is pointed
out that the prosecutrix, who is said to have been enticed, is the
petitioner No.2 who has jointly filed this petition with the accused
No.1 stating that the complaint lodged by her father is a false
complaint and she had voluntarily gone with the petitioner No.1 who
has been arraigned as accused No.1 in the said complaint.
The
learned Advocate for the petitioners has also placed on record a
copy of an order dated 2nd July, 2008 passed by the
Division Bench of this Court in Special Criminal Application No.1893
of 2007 which arose out of a habeas corpus petition filed by the
complainant wherein both the petitioners had remained present before
the Court and the petitioner No.2 had in clear terms stated that she
had married the petitioner No.1 and has been voluntarily and
willingly staying with the petitioner No.1 since their marriage. In
fact, the Court had directed the concerned police authorities to
provide police protection to the couple.
Considering
the aforesaid, issue RULE returnable
on 13th August, 2008. By way of ad-interim relief,
further investigation pursuant to the First Information Report
registered vide Dhansura Police Station I-C.R.No.47 of 2007, is
hereby stayed.
Mrs.M.L.Shah,
learned Additional Public Prosecutor waives service of notice of
Rule on behalf of respondent No.1- State of Gujarat.
(HARSHA
DEVANI, J.)
Amit/-
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