Gujarat High Court Case Information System
Print
SCR.A/1346/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1346 of 2008
=========================================================
KAMLABEN
@ TASLIMBANU DHANJIBHAI MAKWANA - Applicant(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================================
Appearance :
MR
AZIZ AN ALVI for Applicant(s) : 1,
PUBLIC
PROSECUTOR for Respondent(s) : 1,
None for Respondent(s) : 2 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 08/07/2008
ORAL
ORDER
1. Heard
the learned advocate Mr.A.N.Alvi and learned APP Mr.Patel for the
State.
2. This
is the petition preferred under Section 226 of the Constitution of
India with a prayer to direct the respondents to refrain from any act
prejudicial to the lives of the petitioner, her husband and
her-in-laws. The second prayer is to provide security to the lives of
petitioner as well as her-in-laws.
3. It
has been submitted by the learned advocate representing the
petitioner that the respondent Nos.2 and 3 are acting to cause harm
to the life of petitioner and harassing her for no fault. It is
submitted by the learned advocate for the petitioner that application
was preferred before the police commissioner against the respondents,
but nothing has been done till this date and therefore, the
petitioner is constrained to file the present petition.
4. On
perusal of the application produced vide Exh.D, applicant has not
even given complete address of the respondent and the application
Exh.D is bereft of necessary particulars. It is submitted that, if
the necessary order in this regard is not passed then petitioner and
his family members would be arrested by the respondents. Therefore,
the prayer has been set out in the petition to grant protection.
5. As
against this, learned APP representing the State submitted that
petitioner would be liberty to file an application before the P.I.
Sardarnagar Police Station seeking necessary protection.
6. In
view of the above, it would be open for the petitioner to approach
the P.I. Sardarnagar or the Police Commissioner by giving all
necessary particulars in that regard in the application.
7. With
this observations, the petition is liable to rejected and the same is
rejected.
(H.B.ANTANI,
J.)
ashish//
Top